HomeMy WebLinkAbout2006-11-15; Planning Commission; Resolution 6191PLANNING COMMISSION RESOLUTION NO. 6191
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT MAP CT 04-10 TO
3 SUBDIVIDE 20.4 ACRES INTO TWO RESIDENTIAL LOTS
FOR 90 AIRSPACE CONDOMINIUM UNITS AND THREE
4 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED
- SOUTHEAST OF THE INTERSECTION OF CASSIA ROAD
AND POINSETTIA LANE IN THE MELLO II SEGMENT OF
6 THE LOCAL COASTAL PROGRAM AND IN LOCAL
FACILITIES MANAGEMENT ZONE 21.
7 CASE NAME: POINSETTIA PLACE
CASE NO.: CT04-108
9 WHEREAS, Sierra Linda Development Company, "Developer," has filed a
10 verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia
Land Company, a California Limited Liability Co., "Owner," described as
12 The north half of the southwest quarter of the southwest
13 quarter of Section 23, Township 12 south, Range 4 west, San
Bernardino Meridian, in the City of Carlsbad, County of San
14 Diego, State of California, according to the official plat thereof
15 ("the Property"); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
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Map as shown on Exhibits "A" - "R" and "Al" - "A26" dated November 15, 2006, on file in18
j 9 the Planning Department, POINSETTIA PLACE - CT 04-10, as provided by Chapter 20.12 of
20 the Carlsbad Municipal Code; and
21 WHEREAS, the Planning Commission did, on the 15th day of November, 2006,
22 hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
28 Commission of the City of Carlsbad as follows:
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 POINSETTIA PLACE - CT 04-10, based
on the following findings and subject to the following conditions:
Findings;
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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
5 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
7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
° regulations.
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2. That the proposed project is compatible with the surrounding future land uses since the
10 property to the north is developed as attached townhomes, property to the south is
vacant but is designated as Residential Low Medium Density (RLM) and is
11 proposed for development with attached multi-family residential, the property east
of the site is developed with multi-family apartments, and the property to the west is
developed with multi-family apartments.
3. That the site is physically suitable for the type and density of the development since the
14 site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
15 development while complying with all setback, lot coverage, density, and height
development standards and public facilities requirements.16
4. That the minimum balcony dimensions for private Recreational Space per C.M.C.
Section 21.45.080 is 10 feet by 6 feet and that the applicant's request to reduce that
lg standard and provide balconies for units in the podium building with the
dimensions of 8.5 feet by 6 feet is consistent with the provisions of C.M.C. Section
19 21.85.100 to allow standards modifications as an offset for the provision of seven
very-low and seven low-income housing units.
5. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
22 public at large, for access through or use of property within the proposed subdivision, in
that concurrent with recordation of the final map, the developer will vacate and
23 adjust any easements that conflict with proposed development.
24 6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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2g 7. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the development is
27 located where cooling coastal breezes reduce the need for mechanical air-
conditioning, and construction techniques will deliver high insulation values to
28 reduce the need for mechanical heating, and landscaping will be installed to provide
shade and reduce the temperatures of developed areas.
PCRESONO. 6191 -2-
8. That the Planning Commission has considered, in connection with the housing proposed
2 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
3 resources.
4 9. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project will implement the required mitigation measures
6 contained in the Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program.
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10. That the discharge of waste from the subdivision will not result in violation of existing
8 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
10 project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
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11. The Planning Commission finds that the project, as conditioned herein, is in
12 conformance with the Elements of the City's General Plan based on the facts set forth in
the staff report dated November 15, 2006, in that the proposed Residential Medium-
High Density (RMH), Residential High Density (RH) and Open Space (OS) Land
14 Use designations are compatible with the surrounding land uses in that the adjacent
land uses are designated Residential Medium Density (RM), RMH, RH, and OS;
15 that the land use change is based on the environmental constraints of the property
and are environmentally and topographically appropriate for the site in that the
habitat buffer and habitat areas are proposed to be designated as OS and the flatter
17 disturbed area is proposed to be designated as RMH and RH; that the proposed
Open Space areas are consistent with the Habitat Management Plan for Natural
18 Communities and that the project will yield a similar dwelling unit yield as the
original Residential Low-Medium Density (RLM) and RM Land Use designations;
19 that the project will provide housing units affordable to very-low and low-income
-„ households; and that the proposed Open Space lots will be designated as Open
Space on the Open Space and Conservation Element maps as well as be restricted to
21 open space uses by a conservation easement.
22 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 21 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
24 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
25 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.
26 Specifically,
27 a. The project has been conditioned to provide proof from the Carlsbad Unified
28 School District that the project has satisfied its obligation for school facilities.
PCRESONO. 6191 -3-
b. Park in-lieu fee is required by Carlsbad Municipal Code Chapter 20.44, and will
2 be collected prior to issuance of a building permit.
3 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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13. 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
6 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
7 public facilities and will mitigate any cumulative impacts created by the project.
8 14. That the project will provide sufficient additional public facilities for the density in
excess of the control point to ensure that the adequacy of the City's public facility plans
will not be adversely impacted, in that the addition of 7.16 dwelling units does not
10 require additional public facilities since the associated public facilities such as
roadways, sewer, storm drain, schools, etc., have already been sized such that they
11 can easily absorb the additional dwelling units.
12 15. That all necessary public facilities required by the Growth Management Ordinance to
accommodate the project and the requested additional units above the growth
management control point will be constructed or are guaranteed to be constructed
14 concurrently with the need for them created by this project and in compliance with
adopted City standards, in that improvements necessary to maintain compliance with
15 the Growth Management performance standards are contained within the Zone 21
LFMP and the project will comply with the general and special conditions of the
zone, and that there have been several developments approved in the Aviara
17 Planned Community which is in the same quadrant at densities below the control
point so that approval of the requested 7.16 dwelling units will not result in
18 exceeding the quadrant cap.
19 16. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant
shall record a notice concerning aircraft noise as the project is within the Noise
21 Impact Notification Area. The project is compatible with the projected noise levels of
the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
22 proposed land use is compatible with the airport, in that no areas of the project are
within the 60 CNEL or greater noise contours for the airport.
17. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
25 18. The Planning Commission hereby finds that all development in Carlsbad benefits from
26 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
2' provide for effective protection and conservation of wildlife and plant species while
2g continuing to allow compatible development in accordance with Carlsbad's Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
PCRESON0.6191 -4-
the Open Space and Conservation Element of the City's General Plan which provides for
2 the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
3 new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City's
<- Habitat Management Plan.
6 19. 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
7 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.
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Q Conditions;
10- Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of a final map for CT 04-10, whichever occurs first.
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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
13 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
14 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
i/- 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.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tract Map documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
20 different from this approval, shall require an amendment to this approval.
21 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.
23 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
24 challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
27 5. Developer shall implement, or cause the implementation of, the Poinsettia Place Project
Mitigation Monitoring and Reporting Program.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
3 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 Tract Map, (b) City's
^ approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
c . 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
6 liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. This obligation survives until all legal proceedings have been
7 concluded and continues even if the City's approval is not validated.
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7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
9 the Tentative Map reflecting the conditions approved by the final decision-making body.
10 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
12 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
13 Director from the Carlsbad School District that this project has satisfied its obligation to
provide school facilities.
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-. 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 21 Local Facilities Management Plan and any amendments made to
16 that Plan prior to the issuance of building permits, including, but not limited to the
following:
17
A. Monitor wastewater capacity
18 B. Pay Park-in-lieu fees
19 C. Pay drainage area fees
D. Construct Poinsettia Lane frontage improvements
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11. This approval is granted subject to the approval of the Mitigated Negative Declaration
21 and Mitigation Monitoring and Reporting Program, General Plan Amendment
22 GPA 04-12, Zone Change ZC 04-08, Local Coastal Program Amendment LCPA 04-
11, Condominium Permit CP 05-05, Hillside Development Permit HDP 04-05, Site
23 Development Plan SDP 04-07, Coastal Development Permit CDP 04-23, and Habitat
Management Plan Permit HMPP 06-08 and is subject to all conditions contained in
24 Planning Commission Resolutions No. 6187, 6188, 6189, 6190, 6192, 6193, 6194,6195,
and 6196 for those other approvals incorporated herein by reference.
26 12. 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
27 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map for CT 04-10.
PCRESONO.6191 -6-
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2 13. As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
3 of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants, and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.
14. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
9 analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
10 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
* determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. The City is currently updating the fee study, which is expected to result in
13 an increase in the amount of the fee, and the Developer or Developer's successor(s) in
interest shall pay the adjusted amount of the fee once it is approved by the City Council.
The fee shall be paid prior to recordation of a final map, or issuance of a grading permit
or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is
not paid, this project will not be consistent with the Habitat Management Plan and the
General Plan and any and all approvals for this project shall become null and void.
17 15. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
* ° Developer shall enter into an Affordable Housing Agreement with the City to provide and
deed restrict 14 dwelling units (7 units for very-low and 7 units for low-income
households) as affordable to lower-income households for 55 years, in accordance with
20 the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code.
The draft Affordable Housing Agreement shall be submitted to the Planning Director no
21 later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
23 16. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
24 Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
27 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
28 condition, free from weeds, trash, and debris.
PCRESONO. 6191 -7-
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18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
19. This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed 90 days,
upon a showing of good cause.
20. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). 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 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:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
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
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
Owners as provided herein.
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
Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
PCRESONO.6191 -8-
payable by the Association within twenty (20) days of receipt by the Association. If
2 the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
3" equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
,. rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
6 invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
7 assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
9 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.
10
e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
*' landscape maintenance responsibilities shall be as set forth in Exhibit
12 f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
13 prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit
14 21. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
17
22. This project is being approved as a condominium permit for residential homeownership
1 ° purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&Rs for the project shall include this
requirement.
20
23. Prior to issuance of building permits, the Developer shall submit to the Planning Director
21 a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City-approved documents and exhibits.
23 24. 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
24 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 21, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
27
25. All roof appurtenances, including air conditioners, shall be architecturally integrated and
28 concealed from view and the sound buffered from adjacent properties and streets, in
PCRESONO. 6191 -9-
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
2 Directors of Community Development and Planning.
3 26. 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
^ 27. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
6 recreational facilities.
7 28. Prior to the recordation of the final map, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
9 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tract Map by Resolution No. 6191 on the property. Said Notice
10 of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
j2 authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
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29. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
14 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
existing schools, parks, and streets.
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30. Developer shall post a sign in the sales office in a prominent location that discloses which
17 special districts and school district provide service to the project. Said sign shall remain
., posted until ALL of the units are sold.
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j9 31. 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
20 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
21 Form #1 on file in the Planning Department).
22 32. Prior to the recordation of the first final tract map or the issuance of building permits,
23 whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
24 Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
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25 33. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
27 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
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34. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
2 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
3 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
35. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
Engineering
General
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36. Prior to hauling dirt or construction materials to or from any proposed construction site
10 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.11
12 37, 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
13 the private improvements (e.g. streets, sidewalks, street lights, stormwater quality
treatment and storm drain facilities, etc.) located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within the
1. subdivision.
16 38. There shall be one Final Map recorded for this project.
17 39. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. The limits of these sight distance corridors shall be
reflected on any improvement, grading, or landscape plan prepared in association
with this development.
20 Fees/Agreements
40. 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.
23 41. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
24 shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be
26 on a form provided by the City Engineer.
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Grading
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42. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
3 proof that a Notice of Intention for the start of work has been submitted to the State
Water Resources Control Board.
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43. 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
6 (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
7 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
the project.
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44. Prior to the issuance of grading permit or building permit, whichever occurs first,
10 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
11 Stormwater Mitigation Plan (SUSMP), Order 2001 -01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code. The SWMP shall address measures to avoid contact or filter said pollutants from
13 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
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a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies that
16 could be impacted by this project;
c. recommend source controls and treatment controls that will be implemented with this
17 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite;
° d. establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants;
20 e. ensure long-term maintenance of all post-construction BMPs in perpetuity; and
f. identify how post-development runoff rates and velocities from the site will not
21 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
23 45. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
24 operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a
24" x 36" mylar or similar drafting film format suitable for a permanent record.
27 46. This project requires off-site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records, and submits a
28 recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
PCRESONO. 6191 -12-
easement, or agreement, no grading permit will be issued. In that case, Developer must
2 either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
3 conformance from both the City Engineer and Planning Director.
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c Dedications/Improvements
6 47. 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 and/or by
separate document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
9 rededicated.
10 48. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
12 systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
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49. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to pavement, signing and striping, sidewalks, curbs and gutters, grading, clearing and
16 grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights and reclaimed water, to City Standards to the satisfaction of the City Engineer. The
17 improvements are:
1 O10 a. Sidewalk on Cassia Road across the project frontage.
b. Full width improvements to Poinsettia Lane to Major Arterial standards. The
costs for full width grading, median curbs, 18 feet of paving on either side of the
20 median, storm drain, right-of-way and environmental mitigation may be
credited against the project contribution to Bridge and Thoroughfare District
21 No. 2.
. c. Offsite median curb improvements to existing Poinsettia Lane, from the westerly
project boundary to the intersection with Cassia Road.
23 d. An additional street light on Cassia Road at the easterly curb return of the
westerly project entrance.
24 e. Looped public water system and public sewer system.
50. A list of the above shall be placed on an additional map sheet on the Final Map per the
2/r 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
27 improvement agreement or such other time as provided in said agreement.
28 51. Developer shall cause Owner to waive direct access rights on the Final Map for all lots
abutting Cassia Road.
PCRESONO. 6191 -13-
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2 52. Poinsettia Lane shall be dedicated by Owner within the project boundaries based on a
center line to right-of-way width of 51 feet and in conformance with City of Carlsbad
3 Standards.
4 53. Developer shall incorporate into the grading/improvement plans the design for the project
c drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
6 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
7 longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
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Final Map Notes
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54. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
j2 A. All improvements are privately owned and are to be privately maintained with the
exception of the following:
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1. Cassia Road
14 2. Poinsettia Lane
3. Public water and sewer systems
16 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.
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C. Geotechnical Caution:
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i o The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
20 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
21 subdivision due to its construction, operation, or maintenance.
22 D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
23 the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
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Water
26 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,
27 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
28 satisfaction of the District Engineer.
PCRESONO. 6191 -14-
56. The Developer shall design and construct public facilities within public right-of-way or
2 within minimum 20-foot-wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
3 maintenance, access and/or joint utility purposes.
4 57. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
58. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source, and prepare and submit a colored recycled water use map to the Planning
7 Department for processing and approval by the District Engineer.
8 59. The Developer shall install potable water and recycled water services and meters at a
location approved by the City Engineer. The locations of said services shall be reflected
* on public improvement plans.
60. The Developer shall install sewer laterals and clean-outs at a location approved by the
City Engineer. The locations of sewer laterals shall be reflected on public improvement
plans.
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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 City
Engineer.
62. The Developer shall provide separate potable water meters for each separately owned
unit.
63. Developer shall evaluate in detail the entire potable water, recycled water, and sewer
. 7 system to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the City Engineer.
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Code Reminders
19
64. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
21 65. Developer shall pay a landscape plancheck and inspection fee as required by Section
22 20.08.050 of the Carlsbad Municipal Code.
66. The tentative map shall expire twenty-four (24) months from the date this tentative map
24 approval becomes final.
25 67. 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
26 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
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68. 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.
69. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
71. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
72. Developer shall provide the following note on the final map of the subdivision and final
mylar of this development submitted to the City:
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 or top of the Density Range except as provided by
Chapters 21.85 and 21.90. The land use designation for Lot 1 of this development
is Residential Medium High Density (8-15 du/ac) and for Lot 2 of this
development is Residential High Density (15-23 du/ac) per nonconstrained acre.
B. All private development rights of Parcels 3 to 5 have been transferred, to
Parcels 1 and 2, and all of Parcels 1 to 5 were used to calculate the project intensity
of development under the General Plan and Chapter 21.90. Subsequent
redevelopment or resubdivision of Parcel 1 may not result in a density greater
than 11.3 dwelling units per acre, and Parcel 2 may not result in a density
greater than 25 dwelling units per acre under their existing General Plan Land
Use designations and Chapters 21.85 and 21.90 of the Carlsbad Municipal Code."
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,
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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 15th day of November, 2006, by the
following vote, to wit:
AYES: Vice Chairperson Baker, Commissioners Cardosa, Dominguez, and
Whitton
NOES: Commissioner Segall
ABSENT: Chairperson Montgomery and Commissioner Heineman
JULIE BAKER, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
Assistant Planning Director
PCRESONO. 6191 -17-