HomeMy WebLinkAbout2008-08-20; Planning Commission; Resolution 6440PLANNING COMMISSION RESOLUTION NO. 6440
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TWO-
YEAR EXTENSION OF CARLSBAD TRACT CT 02-06 TO
3 SUBDIVIDE 21.9 ACRES INTO 5 SINGLE FAMILY
RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND ONE
4 PRIVATE STREET LOT ON PROPERTY GENERALLY
5 LOCATED NORTH OF FARADAY AVENUE AT THE
SOUTHERN TERMINUS OF TWAIN AVENUE IN LOCAL
6 FACILITIES MANAGEMENT ZONE 8 AND THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM.
7 CASE NAME: KIRGIS SUBDIVISION
CASE'NO.: CT 02-06X28
9 WHEREAS, Brian and Gayl Hynek, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as
All that portion of Lot "F" of Rancho Agua Hedionda, in the
i 2 County of San Diego, State of California, as shown on Partition
Map thereof No. 823, filed in the Office of the County
13 Recorder of San Diego County, on November 16,1896
14 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
16
Map Extension as shown on Exhibit(s) "A"-"D" dated September 3, 2003, on file in the
17
Planning Department KIRGIS SUBDIVISION CT 02-06x2, as provided by Chapter 20.12 of
18
I 9 the Carlsbad Municipal Code; and
20 WHEREAS, the Planning Commission did on the 3rd day of September 2003,
21 on the 17th day of September 2003, and on the 5th day of November 2003 consider CT 02-
22 06;and
23
WHEREAS, on March 2, 2004, the City Council approved, CT 02-06, as
24
described and conditioned in City Council Resolution No. 2004-068; and
26 WHEREAS, on January 3, 2007, the Planning Commission approved, CT 02-
27 . 06x1, as described and conditioned in Planning Commission Resolution No. 6232; and
28 WHEREAS, the Planning Commission did, on August 20, 2008, hold a duly
noticed public hearing as prescribed by law to consider CT 02-06x2; and
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 Extension.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.
Q
B) That based on the evidence presented at the public hearing, the Commission
9 APPROVES KIRGIS SUBDIVISION CT 02-06X2, based on the following
findings and subject to the following conditions:
10
Findings:
12 I- That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the existing General Plan,
13 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
14 Jots being created satisfy all minimum requirements of Titles 20 and 21 governing
lot sizes and configuration, have been designed to comply with all other applicable
City regulations, and lot 7 will be restricted by open space easement consistent with
\ 5 its open space General Plan designation.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties to the north are also designated for Residential Low (RL)
18 and Open Space (OS) development on the General Plan, the industrial property to
the southeast is separated by a significant slope preserved as open space and
19 surrounding development to the north is single family residential and open space.
20 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
21 proposed, in that the project site can accommodate the proposed residential
development while providing the required lot area, all required setbacks and
improvements mandated by applicable city regulations.
23 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
25 that the project is designed and conditioned to avoid conflicts with any established
easements.
r\/-
5. That the property is not subject to a contract entered into pursuant to the Land
27 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 lots will have
PC RESO NO. 6440 -2-
southern exposure for passive heating and all lots will benefit from ocean breezes
2 for 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
4 against the public service needs of the City and available fiscal and environmental
resources.
8. That the design of the subdivision and improvements are not likely to cause substantial
g environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that 75% of the site will be preserved for the purpose of habitat
7 conservation and restoration.
g 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 lot drainage will
9 typically filter through the yard landscape prior to exiting to the drainage system.
10 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
11 report dated September 3, 2003 including, but not limited to the following:
12 a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 0.91 du/acre is within the density range of 0.0-1.5 du/acre
13 specified for the site as indicated on the Land Use Element of the General Plan.
The project's proposed density of 0.91 du/ac is below the Growth Management
Control Point density (1.0 du/ac) used for the purpose of calculating the City's
i r compliance with Government Code Section 65584. However, consistent with
Program 3.8 of the City's certified Housing Element, all of the dwelling units,
16 which were anticipated toward achieving the City's share of the regional housing
need that are not utilized by developers in approved projects, are deposited in
17 the City's Excess Dwelling Unit Bank. The excess 0.09 dwelling units are
available for allocation to other projects. Accordingly, there is no net loss of
residential unit capacity and there are adequate properties identified in the
19 Housing Element allowing residential development with a unit capacity,
including second dwelling units, adequate to satisfy the City's share of the
20 regional housing need.
21 b. Circulation - The circulation system is designed to provide adequate access to the
proposed lots, adjacent properties and complies with all applicable City design
22 standards.
23 c. Housing - That the project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the Developer has been
24 conditioned to pay the Affordable Housing In-Lieu fee.
25 d. Public Safety - Required facilities have been conditioned to be constructed or are
shown on the plans.
11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
27 Facilities Management Plan for Zone 8 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
28 provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6440 -3-
facilities; libraries; government administrative facilities; and open space, related to the
2 project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
4 District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
6 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.
d. The Local Facilities Management fee for Zone 8 is required by Carlsbad Municipal
Code Section 21.90.050 and will be collected prior to issuance of building permit.
9 e. 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
10 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
12 the project.
12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 8.
14 13. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected
noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the
CLUP, the proposed land use is acceptably compatible with the airport, in that it is within
17 the 60-65 CNEL contour created by the airport.
lg 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
19 15. That the design and improvement of the subdivision are consistent with the general plan,
20 Titles 20 and 21 of this code, and any public facility or growth management policies in
existence at the time the extension is approved in that no changes have been made to
21 the project which was originally approved as being consistent with the General
Plan, Titles 20 and 21, and the Growth Management Ordinance.
16. That the subdivider is diligently pursuing those acts required to obtain a final map for the
23 subdivision in that the applicant has been pursuing those acts required to obtain a
final map including identifying and acquiring mitigation land and preparing
improvement plans and bonds. The project site is small and therefore does not
benefit from economies of scale; the applicant has expended funds for the
identification and acquisition of mitigation land in the City of Carlsbad which is
26 increasingly more difficult as well as for the preparation of improvement plans; the
development of the site with 5 custom homes will also include the preservation of
16.5 acres of open space which will benefit the City's Open Space preserve system;
„„ and would allow the owner/applicant to preserve existing property entitlements
while satisfying the conditions for a 7 lot subdivision (GPA 03-01, ZC 03-01, LCPA
03-01, CT 02-06, PUD 02-02, CDP 02-05 and HDP 04-01).
PC RESO NO. 6440 -4-
17. That all related permits or approvals issued pursuant to Title 21 have been extended to
2 expire concurrent with the tentative map.
18. That such permits and approvals as extended are consistent with the requirements of Title
21 of this code at the time of the extension of the tentative map.
4 19. The Planning Director has determined that:
5 a) the project is a project for which a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Kirgis Subdivision, CT 02-06, dated March
6 2,2004, (City Council Resolution No. 2004-073) was previously adopted [ 15162];
7 b) this project is consistent with the project cited above;
c) Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program was adopted in connection with the prior project or plan;
d) the project has no new significant environmental effect not analyzed as significant in
the prior Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
e) none of the circumstances requiring a Subsequent Mitigated Negative Declaration
12 under CEQA Guidelines Section 15162 exists.
20. 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
17 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
implemented and maintained over time, if any of such conditions fail to be so
2Q 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
21 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
or a successor in interest by the City's approval of this Tentative Tract Map Extension.
Staff is authorized and directed to make, or require the Developer to make, all corrections
~<- and modifications to the Tentative Tract Map Extension documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
26 Development 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
28 regulations in effect at the time of building permit issuance.
PC RESO NO. 6440 -5-
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
^ all requirements of law.
5 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
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 Map, (b) City's
8 approval or issuance of any permit or action, whether discretionary or non-discretionary,
in connection with the use contemplated herein, and (c) Developer/Operator's installation
9 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 survives until all legal proceedings have been
1j concluded and continues even if the City's approval is not validated.
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 making
I3 body.
7. 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
15 obligation to provide school facilities.
8. The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
I j format.
9. The project shall comply with all conditions and mitigation measures required as part of
the Zone 8 Local Facilities Management Plan and any amendments made to that Plan
19 prior to the issuance of building permits.
10. 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 Building and
21 Code Enforcement Managers that adequate water service and sewer facilities,
respectively, are available to the project at the time of the application for the building
22 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.
11. Approval of CT 02-06x2 by this Planning Commission Resolution No. 6440
24 supersedes City Council Resolution No 2004-068 dated March 2, 2004 and Planning
Commission Resolution No. 6232 dated January 3,2007.
25
12. This Tentative Map Extension is granted retroactively for a period of two (2) years
26 from March 2, 2008 through March 2, 2010.
27 13. This approval is granted subject to the approval of PUD 02-02x2 and HDP 02-01x2 and
is subject to all conditions contained in Planning Commission Resolutions Nos. 6441 and
28 6442 for those approvals.
PC RESO NO. 6440 -6-
14. The applicant shall pursue the administrative approval of Coastal Development
2 Permit extension for CDP 02-05.
15. Approval is granted for CT 02-06x2 as shown on Exhibits "A" - "D" dated September 3,
2003, on file in the Planning Department and incorporated herein by reference.
4 Development shall occur substantially as shown unless otherwise noted in these
conditions.
16. Developer shall implement, or cause the implementation of, the Kirgis Subdivision
5 Project Mitigation Monitoring and Reporting Program
17. Prior to issuance of a grading permit, Developer shall submit and obtain Planning
Director approval of a Final Landscape and Irrigation Plan for slopes and common areas
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
9 approved Final Plans, and maintain all landscaping in a healthy and thriving condition,
free from weeds, trash, and debris. The landscape plan shall include design and location
for all perimeter fencing, gates, decorative hardscape, and landscape.
11 18. This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other permit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a reasonable period, upon a
showing of good cause.
19. Developer shall establish a homeowner's association and corresponding covenants,
i c conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
1 6 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:
18 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
1 9 of, or in which the City has an interest.
20 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
21 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
23 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in the CC&Rs the City shall have the right, but
not the duty, to perform the necessary maintenance. If the City elects to perform such
25 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
26 the City finds to be required and requesting the same be carried out by the Association
within a period of thirty (30) days from the giving of such notice. In the event that the
Association fails to carry out such maintenance of the Common Area Lots and/or
Association's Easements within the period specified by the City's notice, the City
PC RESO NO. 6440 -7-
shall be entitled to cause such work to be completed and shall be entitled to
2 reimbursement with respect thereto from the Owners as provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
4 the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
5 Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
" full within the time specified, the City will pursue collection against the Owners in
7 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
8 the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
9 equal to six percent (6%) of the amount of the invoice. Thereafter the City may
pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
11 rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal prorata share of the invoice,
12 plus the late charge. Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special 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
15 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in the CC&Rs.
e. Landscape Maintenance Responsibilities. The HOA's and individual lot or unit owner
17 landscape maintenance responsibilities shall be as set forth in Exhibit .
, £ f. Balconies, trellis and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit .
*9 g. Fire Suppression. Residential lots are subject to the fire suppression restrictions as set
2Q forth in Exhibit .
h. Building Restrictions. In addition to all applicable City of Carlsbad
^ development standards, all structures on lots 1, 2, and 3 are limited to
22 development as single story. Single story is defined as a maximum plate-line
height of 15 feet and a maximum building height to the roof ridge of 23 feet. All
23 structures on lots 4 and 5 are limited to a maximum height to the roof ridge of 30
feet and no more than two stories as defined in the City of Carlsbad Municipal
24 Code Section 21.04.330.
25 20. Prior to recordation of the final map CT 02-06, Developer shall submit to the City a
Notice of Restriction executed by the owner of the real property to be developed. Said
26 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(n) Tentative Tract Map by Resolution(s) No. 6440 on the
28 property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval including the
PC RESO NO. 6440 -8-
restriction that all structures on lots 1, 2, and 3 are limited to development as single
2 story. Single story is defined as a maximum plate-line height of 15 feet and a
maximum building height to the roof ridge of 23 feet. All structures on lots 4 and 5
3 are limited to a maximum height to the roof ridge of 30 feet and no more than two
stories as defined in the City of Carlsbad Municipal Code Section 21.04.330, as well
4 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 said notice upon a showing of good cause by the Developer
6 or successor in interest.
7 21. Prior to issuance of a grading permit, Developer shall: 1) consult with the United States
Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain
8 any permits required by the USWFS.
22. 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
10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 8, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
23. 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 (see Noise Form #2 on file in the
15 Planning Department).
24. Prior to issuance of building permits, the Developer shall record an Avigation Easement
for the property to the County of San Diego and file a copy of the recorded document
17 with the Planning Director.
25. Developer shall provide an irrevocable offer of dedication to the City of Carlsbad on the
final map for a trail easement for trail(s) as shown on the Tentative Map within lots 1 and
j 9 7. Prior to the issuance of any residential building permits, the trail shall be constructed
as a public trail for public use. The trail may be accepted by the City of Carlsbad upon
20 future adoption of a Citywide Trails Program that includes provisions for maintenance
and liability. Otherwise, prior to issuance of any residential building permits, the
obligation for acceptance, construction, maintenance, and liability of the trail shall be the
22 responsibility of another agency designated by the City or the responsibility of the
Homeowner's Association.
26. Developer shall dedicate on the final map, an open space easement over all of Lot 7 of
CT 02-06 to prohibit any private encroachment or development, including but not limited
to decks, storage buildings, pools, spas, stairways and non-native landscaping. Structures
25 that reduce the potential for localized erosion and slide hazards, habitat restoration,
habitat conservation, habitat enhancement, designated public trail, and operation and
26 maintenance of existing storm water facilities are allowed.
27 27. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the
Developer shall take the following actions to the satisfaction of the Planning Director in
28 relation to the open space lot(s) which are being conserved for natural habitat in
conformance with the City's Habitat Management Plan:
PC RESO NO. 6440 -9-
a. Select a conservation entity, subject to approval by the City, that possesses
2 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
4 perpetuity in accordance with the requirements of the North County Multiple Habitats
Conservation Plan and the City's Open Space Management Plan.
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 lot(s) in
perpetuity.
d. Record a Conservation Easement over the open space lot(s).
e. Prepare a Preserve Management Plan which will ensure adequate management of the
open space lot(s) in perpetuity.
10 28. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
12 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
13 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
. _ with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
16 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
17 be consistent with the Habitat Management Plan and the General Plan and any and all
approvals for this project shall become null and void.18
29. As a condition of this approval, applicant must comply with the requirements of all
19 regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
20 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
22 populations of certain species thereof, in accordance with the City's adopted Habitat
Management Plan.
23 30. Removal of native vegetation other than that approved as part of the grading plan,
24 improvement plans, biological re-vegetation program, and/or landscape plan is
specifically prohibited, except upon written order of the Carlsbad Fire Department for fire
prevention purposes, or upon written approval of the Planning Director, based upon a
~r request from the Homeowners Association accompanied by a report from a qualified
botanist indicating the need to remove specified plants because of disease or impending
27 danger to adjacent habitable dwelling units. This restriction shall also be included in the
CC&Rs established for the project.
28
PC RESO NO. 6440 -10-
31. At issuance of building permits, or prior to the approval of a final map and/or issuance of
2 certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City an inclusionary housing in-lieu fee as
3 an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as amended by City Council Resolution from time to time.
4
Engineering:
32. 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.
33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, storm drain facilities and
permanent post-construction storm water quality best management practices located
therein and to distribute the costs of such maintenance in an equitable manner among the
owners of the properties within the subdivision. Additionally, the CC&Rs and/or other
,, recorded document shall obligate individual property owners to maintain any and all
permanent BMPs within individual property ownership, in perpetuity, according to the
12 recommendation put forward in an approved Storm Water Management Plan report.
,., 34. There shall be one Final Map recorded for this project.
35. Developer shall cause properly owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
15 36. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
17 37. 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
° lot drainage as shown on the tentative map. The deed restriction document shall be in a
, q form acceptable to the City Engineer and shall:
a. Clearly delineate the limits of the drainage course;
20
State that the drainage course is to be maintained in perpetuity by the underlying
21 property owner; and
22 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
23 to the underlying and adjacent properties or the creation of a public nuisance.
24 38. 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
25 shown within the boundaries of the subdivision into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
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Grading
2 39. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
4 the project.
40. 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
g 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
7 signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
o 41. This project requires off site grading. No grading for private improvements shall occur
9 outside the limits of this approval unless Developer obtains records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
10 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
12 will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
Dedications/Improvements
14 42. Developer shall cause Owner to execute a covenant of easement for drainage as shown on
, , the tentative map. The obligation to execute and record the covenant of easement shall be
shown and recording information called out on the final map. Developer shall provide
16 City Engineer with proof of recordation prior to issuance of building permit.
. „ 43. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the tentative
1 g map. The offer shall be made by a certificate on the final map. All land so offered shall
be offered free and clear of all liens and encumbrances and without cost. Streets that
19 already public are not required to be rededicated.
20 44. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
21 with any grading or building permit.
22 45. 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
23 conform to City of Carlsbad Standards based on R-value tests. All private streets and
drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
25 46. 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 and the following improvements including, but not limited to, design of
27 all private streets and drainage systems to the satisfaction of the City Engineer. The
structural section of all private streets shall conform to City of Carlsbad Standards based
28 on R-value tests. All private streets and drainage systems shall be inspected by the City.
Developer shall pay the standard improvement plancheck and inspection fees.
PC RESO NO. 6440 -12-
47. Developer shall execute a City standard Subdivision Improvement Agreement to install
2 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,
3 base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights, retaining walls and reclaimed water, to City Standards and to the satisfaction of the
- City Engineer. The improvements are:
a. Twain Avenue to cul-de-sac standards6b. Twain Avenue off-site in adjacent project CT 97-16 to cul-de-sac standards to match
7 the proposed alignment.
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
9 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
48. Twain Avenue shall be dedicated along the project frontage based on a cul-de-sac right-of
11 way configuration and in conformance with City of Carlsbad Standards. Developer shall
acquire sufficient title or interest to permit the improvements in the adjacent project,
Carlsbad Tract CT 97-16, to match the proposed cul-de-sac alignment.
13 49. Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6-
hours and 24-hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6-hour and 24-hour storm durations shall be analyzed to determine the
16 detention basin capacities necessary to accomplish the desired results. Drainage shall
include downstream protection of drainage patterns to prevent potential erosion.
17 50. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
1 g receipt of a Notice of Intention from the State Water Resources Control Board.
51. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's Standard Urban Storm Water
20 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
best management practices as referenced in the "California Storm Water Best
21 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
23 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
25 . 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
27 discharged into any street, public or private, or into storm drain or storm water
conveyance systems. Use and disposal of pesticides, fungicides, herbicides,
28 insecticides, fertilizers and other such chemical treatments shall meet Federal, State,
County and City requirements as prescribed in their respective containers.
PC RESO NO. 6440 -13-
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
2 when planning any changes to the landscaping and surface improvements.
52. 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
4 (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
5 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.
7 53. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
° The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
9 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
10 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
11 stage of the project. At a minimum, the SWMP shall:
12 a. Identify existing and post-development on-site pollutants-of-concern.
13 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project.
j 5 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
16 extent practicable before discharging offsite.
17 d. Establish specific procedures for- handling spills and routine cleanup. Special
18 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants.
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e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
20
21 f. Identify how post-construction runoff rates and velocities from the site will not
22 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
3 54. Developer shall incorporate, in all final design plans, Low Impact Development
24 (LID) design techniques to reduce the amount of run-off by mimicking the natural
hydrologic function of the site by preserving natural open spaces and natural
25 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate
26 LID techniques using the current County of San Diego Low Impact Development
Handbook (Stormwater Management Strategies). LID techniques include, but are
not limited to: vegetated swale/strip, rain gardens, and porous pavement, which can
28 greatly reduce the volume, peak flow rate, velocity and pollutants.
PC RESO NO. 6440 -14-
55. Developer shall cause property owner to process, execute and submit an executed copy to
2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
3 treatment control, applicable site design and source control, post-construction permanent
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.
5 56. Prior to occupancy, Developer shall install streetlights along all public and private street
frontages abutting and/or within the subdivision boundary in conformance with City of
" Carlsbad Standards.
7 57. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the
subdivision boundary in conformance with City of Carlsbad Standards.
8 58. Prior to occupancy, Developer shall install wheelchair ramps at the public street corners
9 abutting the subdivision in conformance with City of Carlsbad Standards.
59. . Developer shall incorporate into the grading/improvement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
11 maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
.,, longitudinal curbing and/or radially designed riprap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
15 60. Developer shall show on Final Map the net developable acres for each parcel.
61. Note(s) to the following effect(s) shall be placed on the map as non-mapping data:
a. All improvements are privately owned and are to be privately maintained with the
exception of the following: Twain Avenue cul-de-sac
18 b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
Geotechnical Caution: The owner of this property on behalf of itself and all of its
20 successors in 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
or land subsidence and subsequent damage that may occur on, or adjacent to, this
22 subdivision due to its construction, operation or maintenance.
d. Covenant of easement recording information.
Utilities;
24 62. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
25 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
26 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
63. The Developer shall design and construct public facilities within public right-of-way or
28 within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
PC RESO NO. 6440 -15-
At the discretion of the District Engineer, wider easements may be required for adequate
2 maintenance, access and/or joint utility purposes.
64. 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
4 Authority capacity charge(s) prior to issuance of Building Permits.
65. The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the District Engineer.
6 66. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
67. The Developer shall install potable water and/or recycled water services and meters at a
8 location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
68. The Developer shall install sewer laterals and clean-outs at a location approved by the
10 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
69. The Developer shall design and construct public water, sewer, and recycled water
12 facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer. Proposed public facilities shall be reflected on public improvement plans.
70. This project is approved upon the express condition that building permits will not be
14 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
16 71. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
1 g District Engineer.
72. Prior to Final Map approval, Developer shall install a total of 6 water meters for the
project. Developer shall install 5 potable water meters for residential use and 1 irrigation
20 meter to irrigate the common areas (Homeowner's Association).
73. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer,
that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe,
22 velocity in the main lines, and the capacity of the existing infrastructure. Said study shall
be submitted concurrently with the improvement plans for the project and the study shall
23 be prepared to the satisfaction of the District Engineer.
24 74. The Developer shall submit a detailed potable water study, prepared by a Registered
Engineer that identifies the peak demands of the project (including fire flow demands).
25 The study shall identify velocity in the main lines, pressure zones, and the required pipe
sizes. Said study shall be submitted concurrently with the improvement plans for the
2" project and the study shall be prepared to the satisfaction of the District Engineer.
27 75. The Developer shall submit a detailed recycled water study, prepared by a Registered
Engineer that identifies the peak demands of the project. The study shall identify velocity
2° in the main lines and the required pipe sizes. Said study shall be submitted concurrently
PC RESO NO. 6440 -16-
with the improvement plans for the project and the study shall be prepared to the
2 satisfaction of the District Engineer.
76. The Developer shall submit detailed design drawings prepared by a Registered Engineer
for the construction of the sewer force main laterals required to serve the project. Said
4 plans shall be prepared to the satisfaction of the District Engineer.
77. Prior to the submittal of improvement plans, the Developer shall submit and receive
approval of a design study prepared by a Registered Engineer that identifies the:
6 a. suggested site layout of sewer lift station;
b. size, type, and number of sewer pumps required;
c. type and availability of electricity (2 or 3 phase);
g d. alignment of force main;
e. the hydraulic grade line of the force main;
9 f. surge analysis on force main;
g. size, type, length of force main;
'" h. size of wet well;
,, i. resident time of sewage from wetwell to top offeree main;
j. anticipated flow during initial occupancy of units;
12 k. maintenance schedule required to cycle pumps during low flows of initial occupancy
of units;
13 1. suggested type of chemical injection;
m. odor control;
n. corrosion protection;
15 o. size and type of back-up generator; and
p. schematic of telemetry.
16
Said study shall be prepared to the satisfaction of the District Engineer.
Fire;
18 78. Perimeter slope landscape shall be designed to be compatible with fire suppression
j g principals and shall be of plant species that are native, non-invasive, and drought tolerant.
79. Prior to issuance of building permits, the property owner of record shall demonstrate
compliance with the City of Carlsbad Landscape Manual, Section II.C Fire Protection
2j Plan to the satisfaction of the Fire Marshal.
80. The fire hydrant at the end of the cul-de-sac shall be relocated to the north and east to a
spot near the street light along the slope to the satisfaction of the Fire Marshal.
23 Code Reminders;
24 81. 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.
25 82. Developer shall pay a landscape plan check and inspection fee as required by Section
26 20.08.050 of the Carlsbad Municipal Code.
27 83. 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.
PC RESO NO. 6440 -17-
84. Developer shall exercise special care during the construction phase of this project to
2 prevent off-site siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
3 of the City Engineer.
4 85. Some improvements shown on the tentative parcel map and/or required by these
conditions are located off-site on property which neither the City nor the owner has
5 sufficient title or interest to permit the improvements to be made without acquisition of
title or interest. The Developer shall immediately initiate negotiations to acquire such
" property. The Developer shall use its best efforts to effectuate negotiated acquisition. If
unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and
comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to
notify and enable the City to successfully acquire said property by condemnation.
10 NOTICE
11 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
12 "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
14 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
15 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
,7 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,
18 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
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
20 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 August 20, 2008, by the following vote,
to wit:
AYES: Commissioners Boddy, Cardosa, Douglas, and Chairperson
Whitton
NOES: Commissioners Baker and Montgomery
ABSENT: Commissioner Dominguez
ABSTAIN:
/FRANK H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6440 -19-