HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 6425PLANNING COMMISSION RESOLUTION NO. 6425
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP CT 07-10 TO ALLOW FOR THE
3 DEMOLITION OF AN EXISTING TWO-FAMILY DWELLING
AND THE CONSTRUCTION OF FIFTEEN (15) ONE AND TWO
4 STORY RESIDENTIAL AIR-SPACE CONDOMINIUMS AND AN
5 UNDERGROUND PARKING GARAGE ON A .783 ACRE SITE
GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT
6 AVENUE, WEST OF LINCOLN STREET, AND EAST OF
GARFIELD STREET, IN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
8 CASE NAME: WALNUT AVENUE CONDOMINIUMS
9 CASE NO.: CT07-10
10 WHEREAS, BARON INVESTMENT GROUP, LLC, "Developer/Owner,"
has filed a verified application with the City of Carlsbad regarding property described as
12 A portion of Thum Lands, Tract 216, in the City of Carlsbad,
13 County of San Diego, State of California, according to Map
thereof No. 1681, filed in the Office of the County Recorder of
14 San Diego County, December 9, 1915. Together with those
portions of Walnut Avenue and Lincoln Street vacated by
Resolution No. 96-59, a resolution of the City Council of the,
16 City of Carlsbad, a certified copy recorded April 2, 1996 as
File No. 1996-0163578 of Official Records, all as set forth in
17 that certain Certificate of Compliance recorded April 18, 2007
as File No. 2007-0261639, 2007-0261640, and 2007-0261641 of
18 Official Records.
19 ("the Property"); and
20
WHEREAS, said verified application constitutes a request for a Tentative Tract
21
Map as shown on Exhibits "A" - "EE" dated June 4, 2008, on file in the Planning Department
23 WALNUT AVENUE CONDOMINIUMS - CT 07-10, as provided by Chapter 20.12 of the
24 Carlsbad Municipal Code; and
25 WHEREAS, the Planning Commission did, on June 4, 2008, hold a duly noticed
26 public hearing as prescribed by law to consider said request; and
27
28
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
3
relating to the Tentative Tract Map.4
5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission of the City of Carlsbad as follows:
7 A) That the foregoing recitations are true and correct.
c
B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES THE WALNUT AVENUE CONDOMINIUMS - CT 07-10,
based on the following findings and subject to the following conditions:
10
Findings:11
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
13 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
14 project is consistent with all regulations governing air-space subdivisions and all
minimum requirements of Title 20, and the project has been designed to comply
with all other applicable regulations including Title 21, the Planned Developments
-,£ Ordinance, the Beach Area Overlay Zone, the Residential High Density (RH)
General Plan Land Use designation, and the Mello II Segment of the Certified Local
17 Coastal Program (Mello IILCP).
18 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High Density (RH) development
on the General Plan, in that the project would be constructed with attached
2Q condominiums at a density of 19.16 du/ac which is similar in character and density
to the product type found directly to the east and which is compatible with the
21 single-family development north, south and west of the site (which are designated
for and may eventually be developed with multi-family residential uses); and the
22 project has been designed to comply with all of the applicable requirements of the
Mello II LCP.
24 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
25 proposed, in that the project complies with all required development standards and
design criteria required by the R-3 Zone, the BAOZ, and the Planned Developments
26 Ordinance without the need for variances from development standards and the lot
coverage at 39%, is below the maximum 60% lot coverage allowed.
2g 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
PC RESO NO. 6425 -2-
public at large, for access through or use of property within the proposed subdivision, in
2 that the project has been designed and conditioned so that there are no conflicts with
established easements.
3
5. That the property is not subject to a contract entered into pursuant to the Land
4 Conservation Act of 1965 (Williamson Act).
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 structures are oriented
in a north-south alignment for a western exposure which will allow for passive
heating or cooling opportunities to the extent possible; that the structure setbacks
will allow for air circulation; and that the units are situated to take advantage of the
prevailing westerly breezes.
" 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.
12 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
^ habitat, in that the site is an in-fill project with no sensitive plant or animals present.
14 9. That the discharge of waste from the subdivision will not result in violation of existing
15 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
16 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
17 System (NPDES) Requirements.
18 10. The Planning Commission finds that the project, as conditioned herein, is in
19 conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated June 4, 2008 including, but not limited to the following:
20
a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 19.16 du/ac is within the Residential High Density range
22 of 15 - 23 du/ac specified for the site as indicated in the Land Use Element of
the General Plan, and is above the Growth Management Control Point of 19
23 du/ac. The 15 proposed units results in a density of 19.16 dwelling units per
acre. At the GMCP, 14.88 units would be permitted on the .783-acre
property. However, consistent with Program 3.8 of the City's certified
25 Housing Element, all of the dwelling units which were anticipated toward
achieving the City's share of the regional housing need that are not utilized
26 by developers in approved projects, including fractional units, are deposited
in the City's Excess Dwelling Unit Bank. These excess dwelling units are
available for allocation to other projects and a fraction (.12 of a unit) would
00 be allocated for this project.Zo
PC RESO NO. 6425 -3-
b. Housing - The project is consistent with the Housing Element of the General
2 Plan and the Inclusionary Housing Ordinance in that the developer shall
enter into an Affordable Housing Agreement with the City to either: 1)
3 provide and deed restrict two (2) For-Sale Dwelling Units on the property as
affordable to lower income households for 30 years; 2) participate in an
offsite combined inclusionary housing project and be located within the
northwest quadrant of the City which may include, but is not be limited to,
financial participation through the purchase of three affordable housing
credits in the Roosevelt Gardens housing project; or, 3) provide three (3)
offsite units through construction, purchase, or combination at an alternate
site within the northwest quadrant.
8 c. Open Space and Conservation - The project will not impact any designated
9 open space and will conform to all NPDES requirements and Utilize Best
Management Practices for control of storm water and to protect water
10 quality.
d. Noise - The project is designed to comply with the 60 dBA CNEL exterior
12 noise standard and mitigation measures require that the residences will be
designed to comply with the 45 dBA CNEL interior noise standards.
13
e. Public Safety - The project will provide facilities to ensure compliance with
Public Safety requirements and the project will provide automatic fire
, <- sprinkler systems throughout the buildings.
16 f. Circulation - The project will take access off of Lincoln Street and the project
is required to construct full street improvements. On-site circulation consists
of a private driveway to a subterranean garage which will be designed in
accordance with City standards.18
jo, 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
20 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
22 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.
23 Specifically,
24 a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
26 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
27
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
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12. The project has been conditioned to pay any increase in public facility fee, or new
2 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
3 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.4
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 1.
14. That the Planning Director has determined that the project belongs to a class of projects
7 that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
8 preparation of environmental documents pursuant to Section 15332, In-Fill Development
Projects, in that, the project is consistent with the General Plan & Zoning
Ordinance; the project is within the City limits; is less than five (5) acres in size; and
10 is surrounded by urban uses.
11 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
12
16. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
, . to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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 1. 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
20 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.
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.
27
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.
PC RESO NO. 6425 -5-
4. If any conditions for construction of any public improvements or facilities, or the
2 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this
Project are challenged, this approval shall be suspended as provided in Government Code
3 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
4 with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
6 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
7 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,
(b) City's approval or issuance of any permit or action, whether discretionary or
9 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
10 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
survives until all legal proceedings have been concluded and continues even if the City's
12 approval is not validated.
13 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
14 making body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
16 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
17
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
in obligation to provide school facilities.
20 9. 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
2 1 Plan prior to the issuance of building permits.
22 10. This approval is granted subject to the approval of Condominium Permit (CP 07-04)
23 and Coastal Development Permit (CDP 07-23) and is subject to all conditions
contained in Planning Commission Resolutions No. 6426 and 6427 for those other
24 approvals incorporated herein by reference.
25 11. Building permits will not be issued for this project unless the local agency providing
26 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
27 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
PC RESO NO. 6425 -6-
12. This project has been found to result in impacts to wildlife habitat or other lands, such as
2 agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
3 analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
, vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
6 with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. Developer or Developer's successor(s) in interest shall pay the fee ( for the
7 two undeveloped lots - 204-131-01 & 02) prior to recordation of a final map, or
issuance of a grading permit or building permit, whichever occurs first. If the In-lieu
Mitigation Fee for this project is not paid, this project will not be consistent with the
9 Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
10
13. Prior to final map recordation the 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
12 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
13 Carlsbad has issued a Tentative Tract Map by Resolution(s) No. 6425 on the property.
Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any
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
16 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
17
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
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
20 condition, free from weeds, trash, and debris.
21
15. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
23 Developer shall enter into an Affordable Housing Agreement with the City to either: 1)
provide and deed restrict two (2) For-Sale Dwelling Units on the property as
24 affordable to lower income households for 30 years; 2) participate in an offsite
combined inclusionary housing project that is located within the northwest
quadrant of the City which may include, but is not be limited to, financial
participation through the purchase of three affordable housing credits in the
Roosevelt Gardens housing project; or, 3) provide three (3) offsite units through
27 construction, purchase, or combination at an alternate site within the northwest
quadrant. If an alternative to on-site construction is proposed the applicant will
28 work with Housing and Redevelopment to draft the Affordable Housing Agreement
which must be then reviewed and approved by the City Council. The draft Affordable
PC RESO NO. 6425 -7-
Housing Agreement shall be submitted to the Housing and Redevelopment Director no
2 later than 60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
3
16. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
<- Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
6
17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
7 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
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
condition, free from weeds, trash, and debris.
10 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check 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,
13 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
14 permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
16
a. General Enforcement by the City. The City shall have the right, but not the
17 obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
18
I n 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
20 the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
21
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
23 Association's Easements" as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
24 maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
27 carry out such maintenance of the Common Area Lots and/or Association's
Easements within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
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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
<- 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
special assessment shall constitute a charge on the land and shall be a continuing
12 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 HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit " "
17
f. Garage parking spaces shall not be used for storage which would preclude
the parking of the residents' vehicles.
19 20. This project is being approved as a condominium permit for residential homeownership
20 purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
21 requirement.
22 21. Developer shall provide bus stops to service this development at locations and with
23 reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
24 minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
<<_>«-'
2g 22. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
27 which is in conformance with the City-approved documents and exhibits.
28 23. 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
PC RESO NO. 6425 -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
24. The project site is located in an area that may contain soil material that is suitable for
beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program
(COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to
the issuance of a grading permit, and as a part of the grading plan preparation, the
developer shall test the soil material to be exported from the project site to determine the
materials suitability for sand replenishment pursuant to the requirements of the COBFP.
If the material is deemed suitable for beach replenishment the developer is encouraged to
9 comply with the process outlined in the COBFP to transport and place the beach quality
material on the beach site identified in the COBFP.
10
25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
12 or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
13
26. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
1 6 27. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
17 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
19 28. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
20 including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
21
93
Engineering;
General
24 29. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
26 30. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
27 recorded document, for maintaining the private easements within the subdivision and all
the private improvements such as storm drain facilities and storm water Best
Management Practice facilities located therein and to distribute the costs of such
PC RESO NO. 6425 -10-
maintenance in an equitable manner among the owners of the properties within the
2 subdivision.
3 31. There shall be one Final Map recorded for this project.
32. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
Fees/Agreements
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.o
9 34. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
10
35. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to the annexation of the area
12 shown within the boundaries of the site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
13 additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
14
Grading15 *
16 36. Based upon a review of the proposed grading and the grading quantities shown on the
Site Plan, a grading permit for this project is required. Developer shall apply for and
17 obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.18
37. This project might require off site grading. No grading for private improvements
shall occur outside the limits of this approval unless Developer obtains permission to
20 perform the work from the owners of the affected properties. If Developer is unable
to obtain permission to do the work, Developer must 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 Planning Director.
38. Developer shall comply with the City's requirements of the National Pollutant Discharge
23 Elimination System (NPDES) permit and the current City's Standard Urban Storm Water
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant
24 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
26 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:
27
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.
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B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
2 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
3 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
c- containers.
6 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
7
39. 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
9 (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
10 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.
12 40. Prior to the issuance of grading permit or building permit, whichever occurs first,
13 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
14 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
Municipal Code, all to the satisfaction of the City Engineer. The SWMP shall address
measures to avoid contact or filter said pollutants from storm water, to the maximum
extent practicable, for the post-construction stage of the project.
17
41. 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
20 Best Management Practices prior to the issuance of a grading permit or building permit,
whichever occurs first for this Project.
21
Dedications/Improvements
23 42. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
24 the tentative map. These improvements include, but are not limited to paving, base,
signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights,
pedestrian ramps, drainage structures, best management practices for Stormwater
treatment, and retaining walls. Said improvements shall be installed to City Standards to
27 the satisfaction of the City Engineer. More specifically, these improvements include:
a) Walnut Avenue
b) Lincoln Street
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1 c) Garfield Street
2
A list of the above shall be placed on an additional map sheet on the final map per the
3 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
improvement agreement or such other time as provided in said agreement.
43. Prior to issuance of building permits, Developer shall underground all existing overhead
6 utilities along project boundary.
7 44. Prior to issuance of building permits, Developer shall install or secure with appropriate
security as provided by law street lights along all public and private street frontages
abutting and/or within the subdivision boundary in conformance with City of Carlsbad
Standards.
10 45. Prior to issuance of building permits Developer shall install or secure with appropriate
security as provided by law sidewalks along all public streets abutting the subdivision
* 1 boundary in conformance with City of Carlsbad Standards.
12 46. Prior to issuance of building permits Developer shall install or secure with appropriate
13 security as provided by law wheelchair ramps at the public street corners abutting the
subdivision boundary in conformance with City of Carlsbad Standards.
14
Final Map Notes15
15 Add the following notes to the final map as non-mapping data.
17 47. All improvements are privately owned and are to be privately maintained with the
exception of the following:
jo d) Walnut Avenue
e) Lincoln Street
20 f) Garfield Street
21 48. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
23 49. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
24 arise through any diversion of waters, the alteration of the normal flow of surface waters
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
design, construction or maintenance of the drainage system or other improvements
identified in the City approved development plans.
27
50. 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
Carlsbad Engineering Standards.
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51. The owner of this property on behalf of itself and all of its successors in interest has
2 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
3 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
design, construction or maintenance of the drainage system or other improvements
<- identified in the City approved development plans.
6 Utilities
52. 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
9 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
10
53. 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.
13 54. The Developer shall install potable water and recycled water services and meters at a
locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
55. The Developer shall install sewer laterals and clean-outs at a location approved by the
16 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
17
56. The Developer shall provide separate potable water meters for each separately owned
18 unit.
19 Fire:
20
57. The applicant shall prepare and provide for Fire Department approval a "Maintenance
Agreement" that provides for the maintenance and repair of the fire sprinkler system and
«~ its appurtenances.
23 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
24
59. The applicant shall propose a location of the backflow prevention device that is
within 90 LF of existing fire hydrant. Placement of such device may require an
additional fire hydrant or relocation of existing hydrant if not placed within 90 LF.
27 Code Reminders:
60. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
PC RESO NO. 6425 -14-
61. Developer shall pay a landscape plan check and inspection fee as required by Section
2 20.08.050 of the Carlsbad Municipal Code.
3 62. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
63. The tentative map shall expire two years from the date on which the Planning
6 Commission voted on the application.
"I 64. Developer shall pay the Agua Hedionda Local Drainage Area Fee prior to approval of the
Final Map.8
g 65. 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
10 Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of
the City Engineer.
, - 66. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Site Plan are for planning purposes only. Developer shall pay traffic impact and
13 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
14
15 NOTICE
16 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
18 You have 90 days from date of approval to protest imposition of these fees/exactions. If you
19 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
20 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
71 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
22 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,
23 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
25 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 June 4, 2008, by the following vote, to
wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Douglas, and
Chairperson Whitton.
ABSENT: Commissioner Montgomery
ABSTAIN:
/RANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6425 -16-