HomeMy WebLinkAbout2007-05-02; Planning Commission; Resolution 6290PLANNING COMMISSION RESOLUTION NO. 6290
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 03-10 TO SUBDIVIDE 15.02 ACRES
3 INTO NINE RESIDENTIAL LOTS AND TWO OPEN SPACE
LOTS ON PROPERTY GENERALLY LOCATED WEST OF
4 KELLY DRIVE AND NORTH OF HILLSIDE DRIVE AT THE
5. TERMINUS OF AURA CIRCLE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
6 LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: AURA CIRCLE
7 CASE NO.: CTQ3-10
8 WHEREAS, Carlsbad Greens, LLC, "Owner/Developer," has filed a verified
9
application with the City of Carlsbad regarding property described as
10
That portion of Lot "I" of Rancho Agua Hedionda, in the City
11 of Carlsbad, County of San Diego, State of California,
12 according to Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16, 1896,
13 further described in Attachment "A"
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
16
Map as shown on Exhibits "A" - "AA" dated May 2,2007, on file in the Planning Department
17
AURA CIRCLE - CT 03-10, as provided by Chapter 20.12 of the Carlsbad Municipal Code;18
j9 and
20 WHEREAS, the Planning Commission did, on the 2nd day of May, 2007, hold a
21 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.
jLrJ
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 APPROVES AURA CIRCLE - CT 03-10, based on the following findings and
subject to the following conditions:
3
Findins;4
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
6 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
7 project is consistent with all minimum requirements of Titles 20 and 21 governing
lot size and configuration; and that the project has been designed to comply with all
applicable City regulations including the General Plan and Mello II Segment of the
Certified Local Coastal Program.
10 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan,
11 and are developed with single-family residential development with a comparable
density.12 y
- 3. That the site is physically suitable for the, type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
14 proposed, in that all required development standards and design criteria required by
the applicable zoning ordinances are incorporated into the project without the need
15 for variances from development standards.
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
that the project has been designed and conditioned such that there are no conflicts
with established easements; and the project is required to vacate abandoned
19 drainage, sewer and water line easements and record new easements over the
existing and proposed features.20
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
22 6. That the design of the subdivision provides, to the extent feasible, for future passive or
23 natural heating or cooling opportunities in the subdivision, in that structures are oriented
to allow for solar exposure and take advantage of prevailing breezes.
24
7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
27
8. That the design of the subdivision and improvements are not likely to cause substantial
28 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that sensitive plant and animal habitats present on site are being preserved
PCRESON0.6290 -2-
in accordance with the City of Carlsbad Habitat Management Plan (HMP) and the
2 project will implement the required mitigation measures contained in the Aura
Circle Mitigation Monitoring and Reporting Program.
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 Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
5 project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) Requirements.
7
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated May 2,2007 including, but not limited to the following:
a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 0.67 du/ac is within the RLM (Residential Low-Medium)
11 density range of 0-4 du/ac specified for the site as indicated in the Land Use
Element of the General Plan. The project's proposed density of 0.67 du/ac is
below the Growth Management Control Point density (3.2 du/ac) used for the
. purposes of calculating the City's compliance with Government Code Section
65584. However, consistent with Program 3.8 of the City's certified Housing
14 Element, all of the dwelling units which were anticipated toward achieving
the City's share of the regional housing need that are not utilized by the
15 developers in approved projects are deposited in the City's Excess Dwelling
Unit Bank. These excess dwelling units are available for allocation to other
projects. Accordingly, there is no net loss of residential unit capacity and
17 there are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
18 units, adequate to satisfy the City's share of the regional housing need.
Additionally, the Open Space Preserve Areas identified on the HMP
19 Hardline Exhibit for Aura Circle (Figure 36) will be designated and
~ conserved as open space in accordance with the HMP.
b. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing
22 to enter into an Affordable Housing Agreement to construct two affordable
second dwelling units on site.
23
c. Public Safety - The project includes or has been conditioned to provide
facilities to ensure that the development proposal complies with the required
25 Fire Suppression Zones, emergency access, fire hydrant locations and fire
flow requirements.
26
d. Open Space and Conservation - The project will utilize Best Management
27 Practices for control of storm water and to protect water quality and will
conform to all NPDES requirements.28
PC RESO NO. 6290 -3-
e. Circulation - Access to the project will be via the extension of Aura Circle
2 which will be improved to full-width street standards.
3 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
8 a. The project has been conditioned to provide proof from the Carlsbad Unified
9 School District that the project has satisfied its obligation for school facilities.
1 l
10 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
12 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
13
12. The project has been conditioned to pay any increase in public facility fee, or new
14 construction tax, or development fees, and has agreed to abide by any additional
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.
17 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
18
14. That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the development footprint is severely
constrained due to the HMP requirement to preserve over 63.7% of the site as open
21 space and an additional 18.5% of the site is constrained by steep hillsides.
22 15. That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that Aura Circle will be extended to provide access to the lots within the
proposed subdivision and will then terminate in a cul-de-sac due to topographic and
environmental constraints.
25 16. That the buildable portion of Lot 9 consists of an area of at least 10,000 square feet,
26 which meets the requirements of Section 21.10.080(c) of the Carlsbad Municipal Code.
27 17. That the front, side, and rear property lines of Lot 9, for purposes of determining required
yards, are as shown on Exhibit "B" of the Tentative Map.28
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18. That any panhandle lot hereby approved satisfies all the requirements of Section
2 21.10.080(d) of the Carlsbad Municipal Code.
3 19. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
4
20. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
7 continuing to allow compatible development in accordance with Carlsbad's Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
8 the Open Space and Conservation Element of the City's General Plan which provides for
the realization of the social, economic, aesthetic, and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
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
11 all new development within the City is essential to fund implementation of the City's
Habitat Management Plan.
12
21. 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
14 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.
15
Conditions;
16
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
recordation or issuance of a grading permit, whichever occurs first.
18
If any of the following conditions fail to occur, or if they are, by their terms, to be
19 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
22 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
23 or a successor in interest by the City's approval of this Tentative Tract Map.
24 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
25 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
26 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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.
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4. If any condition for construction of any public improvements or facilities, or the payment
2 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
3 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
4 all requirements of law.
5. Developer shall implement, or cause the implementation of, the Aura Circle Project
6 Mitigation Monitoring and Reporting Program.
7 6. 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
11 (c) Developer/Operator's installation and operation of the facility permitted hereby,
j2 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
7. 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 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).
19 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
20 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
21
22 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
23 Plan prior to the issuance of building permits.
24 11. This approval is granted subject to adoption and approval of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, GPA 05-06,
25 ZC 05-03, LCPA 05-03, HMP 06-12, SDP 05-05, HDP 03-05 and CDP 03-32 and is
26 subject to all conditions contained in Planning Commission Resolutions No. 6285, 6286,
6287, 6288, 6289, 6291 and 6293 for those other approvals incorporated herein by
27 reference.
2** 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
PC RESO NO. 6290 -6-
adequate water service and sewer facilities, respectively, are available to the project at the
2 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
3 shall be placed on the Final Map.
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
of the environmental documents for the project. Pursuant to Government Code section
6 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
7 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. Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot(s) which are being conserved for
natural habitat in cpnformance with the City's Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses
qualifications to manage the open space lot(s) for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
15 c. Based on the results of the PAR, provide a non-wasting endowment or other
financial mechanism acceptable to the Planning Director and conservation entity,
if any, in an amount sufficient for management and monitoring of the open space
17 lot(s) in perpetuity. The Conservation Easement shall provide that the
non-wasting endowment shall transfer to the City if the City accepts the
18 Irrevocable Offer to Dedicate fee title to the open space lot(s).
19 d. Record a Conservation Easement over the open space lot(s) which includes an
Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.
20 e. Prepare an Interim Management Plan which will ensure adequate management of
2i the open space lot(s) until such time as a permanent preserve management plan is
prepared and approved by the City.
22
23 15. 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
24 to wildlife, as documented in the City's Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
25 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
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
27 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
28 General Plan. 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
PC RESO NO. 6290 -7-
for this project is not paid, this project will not be consistent with the Habitat
2 Management Plan and the General Plan and any and all approvals for this project shall
become null and void.
3
16. [Intentionally left blank.]4
c 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
6 the City's Landscape Manual. Planting adjacent to the north property line shall
consist of low fuel volume plant materials for a distance of 30 feet from the property
line. Developer shall construct and install all landscaping as shown on the approved
_ Final Plans, and maintain all landscaping in a healthy and thriving condition, free from
weeds, trash, and debris.
9
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
10 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
12 19. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
13 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
. j. Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
16 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
17 favor of, or in which the City has an interest.
18 b. Notice and Amendment. A copy of any proposed amendment shall be provided to
19 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
20 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
23 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
24 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
27 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.
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d. Special Assessments Levied by the City. In the event the City has performed the
2 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
3 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
4 each Owner in the Project, together with a statement that if the Association fails to
c 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
6 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
7 within the period specified, 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 pursue collection from the Association by
9 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
10 the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
* 1 special assessment shall constitute a charge on the land and shall be a continuing
, 2 lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
13 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
14 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
16 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit X.
17
f. Landscape Material Restrictions; Restrictions to landscape materials
1 adjacent to conserved habitat areas shall be as set forth in Exhibit .
19 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
20 the California Exotic Pest Plants Council, October, 1999.
21 g. Lighting Restrictions on Private Residential Lots: Restrictions on lighting
within residential lots adjacent to open space conservation areas shall be as
set forth in Exhibit .
23 h. Fire Supression Zones; A disclosure shall be included identifying all lots where
Fire Supression Zones extend into the private yard area. The disclosures shall
24 include a site plan of the lot, location of the Fire Suppression Zones, and the fuel
modification standards required for the various zones.
26 i. Aircraft Noise Disclosure; A disclosure shall be included that this property is
subject to overflight, sight and sound of aircraft operating from McClellan-
27 Palomar Airport.
28 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
PCRESONO.6290 -9-
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
2 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
3 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.4
21. 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 Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Habitat
Management Plan Permit, Tentative Tract Map, Site Development Plan, Hillside
„ Development Permit, and Coastal Development Permit by Resolutions No. 6288,
6289, 6290, 6291, 6292 and 6293 on the property. Said Notice of Restriction shall note
9 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
10 the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
12 22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
13 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.
23. Developer shall post a sign in the sales office in a prominent location that discloses which
16 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
17
24. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
20 (see Noise Form #2 on file in the Planning Department).
25. Developer shall post aircraft noise notification signs in all sales and/or rental offices
22 associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
23 Department).
24 26. Developer shall dedicate, on the final map, an open space easement for those portions of
lots 10 and 11 which are (in slopes, wetlands, coastal sage scrub, or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) to prohibit
26 any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit B.
27
27. Removal of native vegetation and development of Open Space Lots 10 and 11, including
but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and
landscaping, other than that approved as part of (the grading plan, improvement plans,
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biological revegetation program, landscape plan, etc.) as shown on Exhibit B, is
2 specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, and (California
3 Coastal Commission if in Coastal Zone), based upon a request from the Homeowners
Association accompanied by a report from a qualified arborist/botanist indicating the
need to remove specified trees and/or plants because of disease or impending danger to
c adjacent habitable dwelling units. For areas containing native vegetation, the report
required to accompany the request shall be prepared by a qualified biologist.
6
28. Disclosures shall be prepared, for the homeowner's signature, on all lots where Fire
7 Supression Zones extend into the private yard area. The disclosures shall include a
site plan of the lot, location of the Fire Suppression Zones, and the fuel modification
standards required for the various zones.
9
29. Existing structures located along the west property line that encroach into the open
10 space habitat preserve area shall be removed.
Engineering
12 General
13
30. Prior to hauling dirt or construction materials to or from any proposed construction site
14 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
31. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the slopes, open space, private easements, and the
17 private storm drain (filter) facilities within the subdivision, and, to distribute the costs
of such maintenance in an equitable manner among the owners of the properties within
the subdivision.
19 32. There shall be one Final Map recorded for this project.
20
Fees/Agreements
21
33. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
23
34. Developer shall cause property owner to execute and submit to the City Engineer for
24 recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
35. Developer shall cause property owner to execute, record and submit a recorded copy to
the City Engineer, a deed restriction on the property which relates to the proposed cross
27 lot drainage as shown on the tentative map. The deed restriction document shall be in a
form acceptable to the City Engineer and shall:
28
a. Clearly delineate the limits of the drainage course;
PCRESONO.6290 -11-
b. State that the drainage course is to be maintained in perpetuity by the underlying
2 property owner or Home Owners Association; and
3 c. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
c nuisance.
6 36. Prior to the issuance of final map, grading permit or building permit, whichever
occurs first, Developer shall submit to the city a Drainage Basin Maintenance
Agreement that covers all onsite (private) storm water filtration devices (BMPs)
identified in the SWPP / SWMP and shown on the tentative map for this project.
The form and content of the Maintenance Agreement shall be approved by the City
9 of Carlsbad.
10 Grading
37. Prior to the issuance of a grading permit or building permit, whichever occurs first,
12 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.
13
38. The project requires extensive remedial grading of the existing slope within the
14 proposed development. The backfill of removed portions of the slope shall meet
Engineering standards with a slope of 2:1 (horizontal to vertical) or flatter. Prior to
grading permit issuance, developer shall submit to the City Engineer, for review and
16 approval, a specific grading procedure. The procedure shall have concurrence of
the project's Certified Engineering Geologist. Monitoring of ground movement of
17 adjacent structures shall be incorporated in the procedure. Upon City Engineer
determination, a third party review of the proposed grading shall be performed.18
39. 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
20 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
21 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.
23 40. No grading for private improvements shall occur outside the limits of this approval unless
Developer obtains, records and submits a recorded copy to the City Engineer a grading or
24 slope easement or agreement from the owners of the affected properties. If Developer is
unable to obtain the grading or slope easement, or agreement, no grading permit will be
issued. In that case Developer must either apply for and obtain an amendment of this
approval or modify the plans so grading will not occur outside the project and apply for
and obtain a finding of substantial conformance from both the City Engineer and
27 Planning Director.
28 41. 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
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obtain a grading permit from the City Engineer prior to the issuance of a building permit
2 for the project.
3 Dedications/Improvements
4 42. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
c 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 separate recorded
6 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
rededicated.
43. Additional drainage easements may be required. Developer shall dedicate and provide or
9 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
10
44. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the tentative map and the following improvements including, but not limited to
paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and
13 . grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights, retaining walls and recycled water, to City Standards to the satisfaction of the City
14 Engineer. The improvements are:
a. Aura Circle (56-foot wide cul-de-sac) including offsite transitions and
15 repaying to provide a smooth transition and also to repair trenches or paving
to the existing portion of this roadway.
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b. Privately owned and maintained Storm water filter/Hydrodynamic separator
as shown on the tentative map for this project. Note: Storm water protection
device shall be maintained by the homeowners association in perpetuity.
20 c. Extension of storm drain facility and inlets as shown on the tentative map for
this project.
21
d. Offsite (private) drainage improvements, including basin and easement that
outlets between lots 5 and 6 of the adjacent subdivision. This improvement
23 responsibility also includes the vacation or quitclaim of existing sewer and
drainage easements between Lots 6 and 7 of the adjacent subdivision, all as
24 shown on the tentative map for this project.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
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 45. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
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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
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:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
1 c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
46. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
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. At a minimum, the SWPPP shall:
a. include all content as established by the California Regional Water Quality
Control Board requirements;
b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
47. 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
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Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by
2 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
3 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
4 SWMP shall:
5 a. identify existing and post-development on-site pollutants-of-concern;
" b. identify the hydrologic unit this project contributes to and impaired water bodies
j that could be impacted by this project;
8 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
9 maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
11 considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
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e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
14 f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
15 practicable.
16 Final Map Notes
48. Developer shall show on Final Map the net developable acres for each parcel.
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49. Note(s) to the following effect(s) shall be placed-on the map as non-mapping data
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a. All improvements are privately owned and are to be privately maintained with the
20 exception of the following:
21 1. Aura Circle, except for the private storm drain filter device located on lot 1.
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b. Building permits will not be issued for development of the subject property unless
23 the appropriate agency determines that sewer and water facilities are available.
24 c. Geotechnical Caution:
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1. Slopes steeper than two parts horizontal to one part vertical exist within the
26 boundaries of this subdivision.
2' 2. The owner - of this property on behalf of itself and all of its successors in
2g interest has agreed to hold harmless and indemnify the City of Carlsbad from
any action that may arise through any geological failure, ground water seepage
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or land subsidence and subsequent damage that may occur on, or adjacent to,
2 this subdivision due to its construction, operation or maintenance.
3 Water
50. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
6 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
7
51. 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
Authority capacity charge(s) prior to issuance of Building Permits.
52. 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
I1 reflected on public improvement plans.
53. 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.
14 Fire
15 54, Lot 9 shall be required to have an approved automatic fire sprinkler system
installed which will require the installation of at least a one-inch water meter.
17 55. Lot 9 shall be provided with fire resistive construction on any side of the residence
that abuts the Fire Suppression Zone.
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56. All Lots where the Fire Suppression Zone (FSZ) encroaches into the property line
19 shall be conditioned and it shall be recorded in the project CC&Rs that no
2Q combustible structures e.g. shed, patio cover, deck etc. shall be built within 100
linear feet of the outside (forward) edge of the FSZ. This requirement shall also
21 include combustible fencing as outlined in the City of Carlsbad Landscape Manual.
The Fire Department shall review, comment and approve these items in the project
22 CC&Rs.
73 57. Planting adjacent to the north property line shall consist of low fuel volume plant
24 materials for a distance of 30 feet from the property line. The plant palette shall be
subject to review and approval by the Fire Department.
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Code Reminders26
97 58. 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
28 permit issuance, except as otherwise specifically provided herein.
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59. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
2 required by Chapter 20.44 of the Carlsbad Municipal Code.
60. Developer shall pay a landscape plancheck and inspection fee as required by Section
3 20.08.050 of the Carlsbad Municipal Code.
61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
62. The tentative map shall expire twenty-four (24) months from the date this tentative map
6 approval becomes final.
7 63. Developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
9 of the City Engineer.
10 NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
12 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
13
. 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
15 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
16 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
10 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,
19 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
20 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 2nd day of May, 2007, by the
following vote, to wit:
AYES:
NOES:
Chairperson Baker, Commissioner Cardosa, Dominguez, Douglas,
Montgomery, and Segall
ABSENT: Commissioner Whitton
ABSTAIN:
JULIE
CARLS
ATTEST:
\i 1 0"^rV»'*CiiNui
Chairperson
ANNING COMMISSION
DONNEU
Planning Director
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