HomeMy WebLinkAbout2008-04-02; Planning Commission; Resolution 64031
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PLANNING COMMISSION RESOLUTION NO. 6403
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 07-05 TO SUBDIVIDE 7.6 ACRES
INTO 12 LOTS, FOR THE DEVELOPMENT OF 38 DETACHED
AIRSPACE CONDOMINIUM UNITS WITHIN THE VILLAGES
OF LA COSTA GREENS NEIGHBORHOOD 1.3, ON
PROPERTY GENERALLY LOCATED ALONG THE EAST
SIDE OF EL CAMINO REAL, BETWEEN CAMINO VIDA
ROBLE AND CASSIA ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 10.
CASE NAME: VILLAGES OF LA COSTA GREENS,
NEIGHBORHOOD 1.3
CASE NO.: CT 07-05
WHEREAS, Morrow Development, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Real Estate Collateral
Management Company, "Owner," described as
Parcel 4 of Carlsbad Minor Subdivision No. MS 05-05 La
Costa Greens, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 20174, filed
in the Office of the County Recorder of San Diego County,
December 20, 2006.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) "A" - "MM" dated April 2, 2008, on file in the Planning
Department VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 - CT 07-05, as
provided by Chapter 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 2, 2008, hold a duly noticed
public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.3
- CT 07-05, based on the following findings and subject to the following
conditions:
Findings;
6
That the proposed map and the proposed design and improvement of the subdivision as
7 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
proposed map satisfies all minimum requirements of Title 20 and has been designed
to comply with all other applicable regulations including the Villages of La Costa
10 Master Plan.
11 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential, community facilities, and open
space development on the General Plan.
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 is consistent with the development criteria of the
15 Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code.
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 prior to recordation of the final map the developer will vacate and/or adjust any
easements that conflict with proposed development, or obtain any easements
19 required for the proposed project.
20 5. That the property is not subject to a contract entered into pursuant to the Land
_ 1 Conservation Act of 1965 (Williamson Act).
22 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the proposed
23 development will consist of detached airspace condominium units with adequate
separation to provide future residents with adequate air circulation and the
24 opportunity for passive heating and cooling.
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
27 resources.
28 8. 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
PC RESO NO. 6403 -2-
habitat, in that the proposed development is not within a preserve area of the Habitat
2 Conservation Plan approved for the property. The project area is a designated
development area in the Villages of La Costa Master Plan which was evaluated in
3 Final Program EIR 98 -07.
4 9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
7 System (NPDES) requirements.
o0 10. The Planning Commission finds that the project, as conditioned herein, is in
o conformance with the Elements of the City's General Plan and the Villages of La Costa
Master Plan based on the facts set forth in the staff report dated April 2, 2008 including,
10 but not limited to the following:
11 a. Land Use - The General Plan Land Use designation for Greens Neighborhood 1.3
, _ is RM (Residential Medium Density). The RM designation allows single family
residential development at a density range of 4-8 dwelling units per acre. The
13 density in Neighborhood 1.3 is 5 dwelling units per acre with 38 units proposed.
The Villages of La Costa Master Plan limits the maximum number of dwelling
units for each neighborhood. The density calculations for the Villages of La
Costa Master Plan were based on the whole Master Plan area. The units were
then distributed among the neighborhoods and the description of each
neighborhood contains the maximum allowable units. The maximum number of
dwelling units for Neighborhood 1.3 is 44 units and is not being exceeded by this
17 project. The Villages of La Costa Master Plan was found to comply with all
applicable General Plan Goals, Objectives and Policies. This project is in
1° conformance with the Master Plan and therefore is also in compliance with the
General Plan Land Use Element.
20 b. Housing - The project is consistent with the Housing Element of the General
Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master
21 Plan. The developer is required to construct affordable housing units consistent
„ with the First Amended and Restated Affordable Housing Agreement (dated
2/21/03) approved for the Villages of La Costa. Both the Greens Affordable
23 Apartment Project and the Oaks Affordable Apartment Project have been
constructed and are occupied. These two projects satisfy the inclusionary
24 housing requirements for this project.
c. Open Space and Conservation - The Open Space Preserve Areas are identified in
2/r the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR
98-07, and Villages of La Costa Master Plan. The project will not impact
27 designated open space.
28 d. Noise - Pursuant to the recommendations of a project specific noise study
prepared for the Tentative Map, the project has been conditioned to require an
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interior noise assessment to determine proper architectural treatments (i.e.,
2 specialized door and window treatments) for all identified units where the CNEL
exceeds 60 dBA. This acoustical analysis shall demonstrate that the proposed
3 architectural designs will limit interior noise to 45 dBA CNEL or less.
e. Public Safety - The project includes fire suppression zones and requires fire-
resistive construction techniques and fire sprinklers for selected units to reduce
fire hazards to an acceptable level.
f. Circulation - The circulation system is designed to provide adequate access to the
proposed lots and complies with all applicable City design standards and the
Villages of La Costa Master Plan.o
9 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 10 and all City public facility policies and
10 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
12 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.
13 Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
1 , District that the project has satisfied its obligation for school facilities.
16 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and have
been satisfied by the use of existing parkland credits in addition to the
17 dedication of land for the future Alga Norte Park.
18 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.
20 12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
21 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.
23 13. This project has been conditioned to comply with any requirement approved as part of the
24 Local Facilities Management Plan for Zone 10.
25 14. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
2" created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the growth management
performance standards are contained in the Zone 10 Local Facilities Management
28 Plan and the project will comply with the general and special conditions of the zone
plan.
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15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
2 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La
Costa Master Plan.
3
16. The Planning Director has determined that:
4
a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP
98-01) for which a program EIR was prepared, and a notice for the activity has been
5 given, which includes statements that this activity is within the scope of the program
approved earlier, and that the program EIR adequately describes the activity for the
7 purposes of CEQA [15168(c)(2) and (e)];
o b. this project is consistent with the Master Plan cited above;
9 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with
10 the prior plan;
11 d. the project has no new significant environmental effect not analyzed as significant in
, - the prior EIR;
13 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
14
17. The Planning Commission has reviewed each of the exactions imposed on the Developer
1^ contained in this resolution, and hereby finds, in this case, that the exactions are imposed
,£ to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions;
18
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
1 the final map or issuance of a grading permit, whichever occurs first.
20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
21 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
22 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
24 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
25 or a successor in interest by the City's approval of this Tentative Tract Map.
9 f\2. Staff is authorized and directed to make, or require the Developer to make, all corrections
27 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
28 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
PC RESO NO. 6403 -5-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
4 challenged, this approval shall be suspended as provided in Government Code Section
<- 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
6 all requirements of law.
7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
9 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
10 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
1* (c) Developer/Operator's installation and operation of the facility permitted hereby,
, ^ including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
13 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
14
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
16
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
17 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).18
in 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
20 obligation to provide school facilities.
21 9. This project shall comply with all conditions and mitigation measures which are required
»„ as part of the Zone 10 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
23
10. This approval is granted subject to the approval of CP 07-02 and SUP 07-02 and is
24 subject to all conditions contained in Planning Commission Resolutions No. 6404 and
6405 for those other approvals incorporated herein by reference.
26 11. 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.
PC RESO NO. 6403 -6-
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 10, 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
r approval will not be consistent with the General Plan and shall become void.
6 13. 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
1 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(n) Tentative Map, Condominium Permit and Special Use
9 Permit by Resolutions No. 6403, 6404, and 6405 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
10 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
authority to execute and record an amendment to the notice which modifies or terminates
12 said notice upon a showing of good cause by the Developer or successor in interest.
13 14. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
14 Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
. _ then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
16 existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
17 Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
19 15. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
20 the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and01Z1 existing schools, parks, and streets.
22 16. Developer shall post a sign in the sales office in a prominent location that discloses which
23 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
24
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
26 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
27 condition, free from weeds, trash, and debris.
28
PC RESO NO. 6403 -7-
18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
2 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
3
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
<- 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
6 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:
7
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
9 of, or in which the City has an interest.
10 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.
13 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
14 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
16 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
17 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
20 Owners as provided herein.
21 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
23 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
24 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
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
27 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
28 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
PC RESO NO. 6403 -8-
rights and remedies available to the City, the City may levy a special assessment
2 against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
3 land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
<- and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
6 in accordance with the procedures set forth in Article of this Declaration.
7 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
o
9 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent
to conserved habitat areas shall be as set forth in Exhibit
10 "
1 and sensitivity of the conserved habitat areas and ways to avoid impact to them.
g. HCP/OMSP Educational Material: Exhibit describes the importance
12 h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting
13 within residential lots adjacent to open space conservation areas shall be as set
forth in Exhibit
14
i. Educational materials regarding the sensitivity of the HCP/OMSP shall be given
to the proposed Project Residents as part of the CC&Rs. The material shall
15 state the importance of the conserved habitat areas and ways to avoid impacts to
them.
17
20. Developer shall submit a street name list consistent with the City's street name policy
1 ° subject to the Planning Director's approval prior to final map approval.
19 21. The construction of the required recreation areas shall commence prior to the
20 occupancy of the first dwelling unit, and shall be approved for use prior to the
occupancy of 50% of the units within the subject neighborhood.
21
22. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
23
23. Prior to the recordation of the first final tract map or the issuance of building permits,
24 whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
27 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
PC RESO NO. 6403 -9-
Airport, in a form meeting the approval of the Planning Director and the City Attorney
2 (see Noise Form #2 on file in the Planning Department).
3 25. Developer shall post aircraft noise and sewer facilities odor notification signs in all
sales and/or rental offices associated with the new development. The number and
locations of said signs shall be approved by the Planning Director (see Noise Form
<- #3 on file in the Planning Department).
6 26. Developer shall dedicate, on the final map, an open space easement for those portions of
lots 5, 6, 7, 8, 9, 11, and 12 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 any encroachment or development, including but not limited to fences, walls,
decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibits
9 "A" - "MM".
10 27. Removal of native vegetation and development of Open Space Lot(s) 5, 6, 7, 8, 9, 11,
and 12, 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, biological revegetation program, landscape plan, etc.) as shown on
Exhibits "A" - "MM", is specifically prohibited, except upon written order of the
13 Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a
14 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 adjacent habitable dwelling units. For areas containing
16 native vegetation, the report required to accompany the request shall be prepared by a
qualified biologist.
17
28. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall
require review and approval of the Planning Director prior to installation of such signs.
20 Engineering
General
22 29. Prior to hauling dirt or construction materials to or from any proposed construction site
23 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
24
30. This approval is subject to the approval and conditions of CP 07-02 and SUP 07-02.
26 31. 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
27 the private improvements (e.g. streets, sidewalks, street trees, street lights, storm drain
facilities, sewer laterals, storm water quality treatment control measures etc.) located
therein and to distribute the costs of such maintenance in an equitable manner among the
owners of the properties within the subdivision.
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32. There shall be one Final Map recorded for this project.
2
33. Developer shall install sight distance corridors at all street intersections and driveways in
3 accordance with City Engineering Standards.
^ Fees/Agreements
34. Developer shall cause property owner to execute and submit to the City Engineer for
6 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
7 35. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
8
9 36. Developer shall cause property owner to execute, and submit to the City Engineer for
recordation, a City Standard deed restriction on the property which relates to the proposed
10 cross lot drainage as shown on the tentative map. The deed restriction document shall:
H a. Clearly delineate the limits of the drainage course;
12 b. State that the drainage course is to be maintained in perpetuity by the underlying
13 property owner; and
14 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 nuisance.
16
37. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
17 District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
° subject property into City of SL&LD #2. The Agreement shall be in a form approved by
,n the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
20
38. Developer shall cause property owner to apply for and obtain reapportionment of
21 the assessments imposed on the subject project in accordance with law governing
the associated Assessment District 2002-01 (Poinsettia Lane East), or the
assessments must be paid in full. Developer shall pay all associated costs of said
23 reapportionment. The application shall be submitted to the Deputy City Engineer,
Planning and Programs, with the application for the final map.
24
39. The subject property is within the boundaries of Assessment District No. 2002-01
(Poinsettia Lane East). The owner of this property has previously executed a Special
js- Assessment District Disclosure Agreement with the City. Said Agreement contains
provisions requiring the current owner and any subsequent owner(s) to provide notice to
27 potential buyers of the amount of the assessment and other provisions and requires owner
to have each buyer receive, execute and deposit into escrow a Notice of Special
28 Assessment and Prepayment Option Agreement. In the event that owner does not have
the buyer execute the Notice of Special Assessment and Prepayment Option Agreement
PC RESO NO. 6403 -11-
prior to close of escrow, the assessment on the subject property must be paid off in full by
2 owner.
3 40. Developer shall apply for and process an Encroachment Permit for the private
enhanced paving located within the public utility easements as shown on the
Tentative Map. Said Agreement shall be prepared to the satisfaction of the City
<- Engineer.
6 Grading
7 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
obtain a grading permit from the City Engineer prior to issuance of a building permit.
9
42. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
10 receipt of a Notice of Intention from the State Water Resources Control Board.
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
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
13 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
14 to the maximum extent practicable storm water pollutant runoff during construction of
the project.
44. 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)."
17 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
, o Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
20 stage of the project. At a minimum, the SWMP shall:
21 a. Identify existing and post-development on-site pollutants-of-concern.
22 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
23 could be impacted by this project.
24 c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite.
26 d. Establish specific procedures for handling spills and routine cleanup. Special
27 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants.
28
e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
PC RESO NO. 6403 -12-
f. Identify how post-construction runoff rates and velocities from the site will not
2 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
3
45. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
6 Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final map, whichever occurs first for this Project.
7
46. The Storm Water Management Plan prepared for the project shall show how the
project design incorporates Low Impact Development (LID) practices. Low Impact
9 Development (LID) Design should reference the current County of San Diego Low
Impact Development Handbook (Stormwater Management Strategies). The design
10 shall help preserve and restore the natural hydrologic cycle of the site by allowing
filtration and infiltration of urban run-off using LID BMPs including but not
limited to vegetated swale/strips, rain gardens, and porous pavement, which can
greatly reduce the volume, peak flow rate, and velocity and pollutants.
13 Dedications/Improvements
14 47. Developer shall cause property owner to execute and submit to the City Engineer
for recordation a notice against the property to owners regarding potential odor
from the existing sewer facilities. The form of said notice shall be prepared to the
satisfaction of the City Engineer.
17 48. Developer shall cause Owner to execute a covenant of easement for private drainage as
shown on the tentative map. The obligation to execute and record the covenant of10 10-10 easement shall be shown and recording information called out on the Final Map.
Developer shall provide City Engineer with proof of recordation prior to issuance of
building permit.
20
49. Existing 30 ft. wide covenant of access easement for benefit of Parcels 2 and 3 of
21 Parcel Map 20174 per Doc. No. 06-0901067, Recorded December 20, 2006 shall be
shown on the Final Map.
23 50. Existing covenant for 15 ft. wide private drainage easement per Doc. No. 06-
0901068, Recorded December 20, 2006 shall be shown on the Final Map. A portion
24 of the covenant may be quitclaimed as approved by the City Engineer and relocated
into Private Road 'D' as shown on the Tentative Map.25
51. Existing 30 ft. wide private access easement for benefit of Parcel 2 of Parcel Map
1120 per Doc. No 2006-0813909, Recorded November 13, 2006 shall be shown on the
27 Final Map.
52. 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
PC RESO NO. 6403 -13-
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
2 systems shall be inspected by the City. Developer shall pay the standard improvement
plan check and inspection fees.
3
53. Developer shall execute a City standard subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
the tentative map. These improvements include, but are not limited to paving, base,
signing and striping, medians, grading, clearing and grubbing, undergrounding or
relocation of utilities, sewer, water, fire hydrants, drainage structures, and
reclaimed water. Said improvements shall be installed to City Standards to the
satisfaction of the City Engineer. More specifically, these improvements include:
o
a. Onsite public water system, as shown on the Tentative Map
9
b. Onsite public sewer system, as shown on the Tentative Map
10
c. Onsite public reclaimed water system, as shown on the Tentative Map
(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
13 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
14
. 54. Developer shall preliminarily design, and obtain approval from the City Engineer, the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
16 Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. Prior to completion of grading, the final structural pavement design of the aisle
17 ways shall be submitted together with required R-value soil test information subject to the
review and approval of the City Engineer.
1 o
Final Map Notes
20 Add the following notes to the final map as non-mapping data.
55. All improvements are privately owned and are to be privately maintained with the
„ - exception of the following:
23 a. El Camino Real frontage improvements
24 b. Public water system
25 c. Public sewer system
26 d. Public reclaimed water system
27
56. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
PC RESO NO. 6403 -14-
57. Geotechnical Caution:
2
a. The owner of this property on behalf of itself and all of its successors in interest has
3 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
c- construction, operation or maintenance.
6 58. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
7 Carlsbad Engineering Standards.
g
59. The owner of this property on behalf of itself and all of its successors in interest has
9 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
10 or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
11 design, construction or maintenance of the drainage system or other improvements
, 2 identified in the City approved development plans.
13 Utilities
14 60. 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
15 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
17
61. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-foot wide easements granted to the District or the City of Carlsbad.
jo At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
20
62. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
21 for connection to public facilities.
22 63. The Developer shall design landscape and irrigation plans utilizing recycled water as a
23 source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the District Engineer.
24
64. The Developer shall install potable water and/or recycled water services and meters at
locations approved by the District Engineer. The locations of said services shall be
25 reflected on public improvement plans.
27 65. The Developer shall install sewer laterals and clean-outs at locations approved by the
District Engineer. The locations of sewer laterals shall be reflected on public
28 improvement plans.
PC RESO NO. 6403 -15-
66. The Developer shall design and construct public water, sewer, and recycled water
2 facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer.
3
67. The Developer shall provide separate potable water meters for each separately owned
4 unit.
68. Developer shall evaluate in detail the entire potable water, recycled water, and sewer
6 system to ensure that adequate capacity, pressure, and flow demands can be met to the
satisfaction of the District Engineer.
7
69. The Developer shall meet with and obtain approval from the Vallecitos Water District
regarding sewer infrastructure within the boundaries of this project.
9
70. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
10 that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
1 * be submitted concurrently with the improvement plans for the project and the study shall
, 2 be prepared to the satisfaction of the District Engineer.
13 71. The Developer shall submit detailed design drawings prepared by a Registered Engineer
for the construction of a sewer siphon required to serve the project. Said plans shall be
14 prepared to the satisfaction of the City Engineer.
Code Reminder
16
72. The project is subject to all applicable provisions of local ordinances, including but not
17 limited to the following:
15?a. The tentative map shall expire two years from the date on which the Planning
i n Commission voted on the application.
20 b. 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
21 traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the
_ City of Carlsbad Municipal Code, respectively.
23 73. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
24
74. 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
2/- permit issuance, except as otherwise specifically provided herein.
27
28
PC RESO NO. 6403 -16-
1 NOTICE
2
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
A "fees/exactions."
5 You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
g annul their imposition.
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
11 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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 2, 2008, by the following vote, to
wit:
15 AYES: Commissioners Boddy, Douglas, Montgomery, and Chairperson
Whitton
16
NOES: Commissioner Baker17
10 ABSENT: Commissioners Cardosa and Dominguez
19 ABSTAIN:
20
21
22
/FRANK WHITTON, Chairperson
23 CARLSBAD PLANNING COMMISSION
24
25 ATTEST:
26
27
DON NEU
Planning Director
PC RESO NO. 6403 -17-