HomeMy WebLinkAbout2008-11-05; Planning Commission; Resolution 6502PLANNING COMMISSION RESOLUTION NO. 6502
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 05-18 TO SUBDIVIDE A 5.05-ACRE
3 SITE INTO TWELVE (12) RESIDENTIAL LOTS, TWO (2)
OPEN SPACE LOTS, AND ONE (1) PRIVATE STREET LOT
4 ON PROPERTY GENERALLY LOCATED ON THE
5 NORTHEAST CORNER OF BLACK RAIL ROAD AND
AVENA COURT EAST IN LOCAL FACILITIES
6 MANAGEMENT ZONE 20.
CASE NAME: SEASCAPE
7 CASE NO.: CT05-18
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WHEREAS, Rajeev Bhatia, "Developer," has filed a verified application with
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the City of Carlsbad regarding property owned by Ron Vandermooren and Rajeev Bhatia,
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"Owner," described as:
12 Parcel IB:
13 The Southwest Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 27,
14 Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
of California, according to the official plat thereof; and
16
Parcel 2B:
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The Southeast Quarter of the Southwest Quarter of the
Northwest Quarter of the Northeast Quarter of Section 27,
in Township 12 South, Range 4 West, San Bernadino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
20 of California, according to the official plat thereof; and
21 Parcel 3B:
22 An easement for road and public utility purposes over, under,
23 upon and across the westerly 30 feet of the south half of the
Northwest Quarter of the Northwest Quarter of the Northeast
24 Quarter of Section 27, Township 12 South, Range 4 West, San
Bernadino Base and Meridian, in the City of Carlsbad, County
of San Diego, State of California, according to the official plat
26 thereof; and
27 Parcel 4B:
28 An easement for road and public utility purposes over, under,
along and across the westerly 30 feet of the Northwest Quarter
of the Southwest Quarter of the Northwest Quarter of Section
27, Township 12 South, Range 4 West, San Bernadino Base
2 and Meridian, in the City of Carlsbad, County of San Diego,
State of California, according to the official plat thereof
3
("the Property"); and4
c- WHEREAS, said verified application constitutes a request for a Tentative Tract
6 Map as shown on Exhibits "A" - "BB" dated November 5, 2008, on file in the Planning
7 Department SEASCAPE - CT 05-18, as provided by Chapter 20.12 of the Carlsbad Municipal
Code; and
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WHEREAS, the Planning Commission did, on November 5, 2008, hold a duly
10
noticed public hearing as prescribed by law to consider said request; and
12 WHEREAS, at said public hearing, upon hearing and considering all testimony
13 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
14 relating to the Tentative Tract Map.
15 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
16
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.18
jo B) That based on the evidence presented at the public hearing, the Commission
APPROVES SEASCAPE - CT 05-18, based on the following findings and
20 subject to the following conditions:
21 Findings;
22 1. That the proposed map and the proposed design and improvement of the subdivision as
23 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
24 Subdivision Map Act, and will not cause serious public health problems, in that the
project implements the goals and policies of the General Plan as discussed in the
staff report; is consistent with all the minimum requirements of Titles 20 and 21
26 governing lot size and configuration; and that the project has been designed to
comply with all applicable City regulations, including the Zone 20 Specific Plan (SP
27 203).
2° 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development and Open Space on
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the General Plan, and are developed with single-family residential development with
2 a comparable density.
3 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
proposed, in that all required development standards and design criteria required by
r the applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
6
4. That the design of the subdivision or the type of improvements will not conflict with
7 easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned such that there are no conflicts
9 with established easements.
10 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
12 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the structures are
13 oriented to allow for solar exposure and take advantage of prevailing breezes.
14 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
16 resources.
17 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 has been previously disturbed by agricultural activities and no
j9 sensitive plant or animal habitats are present onsite. An open space easement,
consisting of a 20-foot wide habitat buffer area and 60 foot wide Fire Suppression
20 Zone, is provided along the east property line between development and the existing
HMP Hardline Preserve, which restricts development and any encroachments into
21 the preserve.
22 9. That the discharge of waste from the subdivision will not result in violation of existing
23 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
24 protection in accordance with the City's drainage standards and the project is
conditioned to comply with the National Pollution Discharge Elimination System
(NPDES) requirements.
26 10. The Planning Commission finds that the project, as conditioned herein, is in
27 conformance with the Elements of the City's General Plan and Specific Plan 203 based
on the facts set forth in the staff report dated November 5, 2008 including, but not
° limited to the following:
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a. Land Use - The project's proposed density is 4.32 dwelling units per acre,
2 which is above the RLM density range of 0-4 dwelling units per acre and the
GMCP of 3.2 dwelling units per acre. However, the Land Use Element of the
3 Carlsbad General Plan recognizes that there are exceptional cases where the
base zone (R-l-7,500) is consistent with the Land Use designation (RLM) but
would permit a slightly higher yield (maximum of 5 du/ac) then that
- recommended in the low-medium density residential classification provided
three findings are made. As discussed in the staff report all three findings
6 can be made. At the GMCP, 10.37 dwelling units would be permitted based
on 3.24 net developable acres. However, consistent with Program 3.8 of the
City's certified 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 by developers in approved projects, including fractional
9 units, are deposited in the City's Excess Dwelling Unit Bank. These excess
dwelling units are available for allocation to other projects and 4.63 excess
10 dwelling units would be allocated for this project in accordance with City
Council Policy 43.y
12 b. Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance in that the applicant is
13 proposing to enter into an Affordable Housing Agreement to construct two
(2) affordable second dwelling units on site.
14
c. Public Safety - The project includes or has been conditioned to provide
facilities to ensure that the development proposal complies with the required
Fire Suppression Zones, emergency access, fire hydrant locations, and fire
flow requirements.
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d. Open Space & Conservation - The project will utilize Best Management
Practices for control of storm water and to protect water quality, will
conform to all National Pollution Discharge Elimination System (NPDES)
requirements, and for purposes of habitat protection will provide an open
20 space lot (Lot 15) located between the proposed residences (i.e., development
area) and the boundaries of the existing HMP Hardline Preserve area
21 adjacent to the project site along the eastern property line. This area will
22 encompass the HMP 20 ft. wide upland habitat buffer area that is required
between proposed development and preserved habitat areas.
23
e. Circulation - Project access is via Avena Court East, Private Street "A", and
24 the extension of Surf Crest Street. All public and private streets will be
developed and improved in accordance with the City's adopted street
standards.
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11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
27 Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
PC RESO NO. 6502 -4-
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,
3
a. The project has been conditioned to provide proof from the Carlsbad Unified
4 School 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
6 will be collected prior to issuance of building permit.
7 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.
8
9 12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
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 the project.
12 13. This project has been conditioned to comply with any requirement approved as part of the
13 Local Facilities Management Plan for Zone 20.
14 14. That the project will provide sufficient additional public facilities for the density in
excess of the control point to ensure that the adequacy of the City's public facility plans
will not be adversely impacted, in that the proposed project's ultimate demand for
] 5 public services is within the capacity limits of the existing public facilities and no
new facilities are required to be constructed to accommodate the proposed use.
17
15. That there have been sufficient developments approved in the quadrant at densities below
the control point to offset the units in the project above the control point so that approval
j9 will not result in exceeding the quadrant limit.
20 16. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
21 created by this project and in compliance with adopted City standards.
22 17. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
23 Code Section 14.28.020 and Landscape Manual Section I B).
24 18. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
26 provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad's Growth
27 Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City's General Plan which provides for
2° the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
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new development will contribute to the need for additional regional infrastructure that, in
2 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City's
3 Habitat Management Plan.
4 19. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
6 Mitigation Monitoring and Reporting Program for SEASCAPE - GPA 05-
11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP
7 06-02/HMP 07-09, the environmental impacts therein identified for this project
and said comments thereon, and the Program, on file in the Planning Department,
prior to RECOMMENDING ADOPTION of the project; and
9
b. the Mitigated Negative Declaration and the Program have been prepared in
10 accordance with requirements of the California Environmental Quality Act, the
State Guidelines and the Environmental Protection Procedures of the City of11Carlsbad; and
12 c. they reflect the independent judgment of the Planning Commission of the City of
13 Carlsbad; and
14 d. based on the EIA Part II and comments thereon, the Planning Commission, finds
., that there is no substantial evidence the project will have a significant effect on
the environment.
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20. The Planning Commission has reviewed each of the exactions imposed on the Developer
17 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.
19 Conditions:
20
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the
21 recordation of the final map or issuance of a grading permit, whichever occurs first.
22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
23 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
24 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
2/- 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
27 or a successor in interest by the City's approval of this Tentative Tract Map.
28 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
PC RESO NO. 6502 -6-
internally consistent and in conformity with the final action on the project. Development
2 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
4 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
6 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
7 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.
9
5. Developer shall implement, or cause the implementation of, the SEASCAPE - GPA 05-
10 11/ZC 05-10/LCPA 05-06/CT 05-18/PUD 05-14/SDP 05-12/CDP 05-37/HDP 06-
02/HMP 07-09 Project Mitigation Monitoring and Reporting Program.
12 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
13 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
14 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
nondiscretionary, in connection with the use contemplated herein, and
15 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
17 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
approval is not validated.
19 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
20 the Tentative Map reflecting the conditions approved by the final decision-making body.
21 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
99 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
23
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
24 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
25 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
27 that Plan prior to the issuance of building permits.
2° 11. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
PC RESO NO. 6502 -7-
adequate water service and sewer facilities, respectively, are available to the project at the
2 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
3 shall be placed on the Final Map.
12. This approval is granted subject to the approval of a Mitigated Negative Declaration
5 and Mitigation Monitoring & Reporting Program, GPA 05-11, ZC 05-10, LCPA 05-
06, PUD 05-14, SDP 05-12, CDP 05-37, HDP 06-02, and HMP 07-09 and is subject to
6 all conditions contained in Planning Commission Resolutions No. 6498, 6499, 6500,
6501, 6503, 6504, 6505, 6506, and 6507, for those other approvals incorporated herein
7 by reference.
o
13. Prior to the approval of the final map for any phase of this project, or where a map is not
9 being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to provide and
10 deed restrict two (2) second dwelling units proposed on Lots 8 and 9 as affordable to
lower-income households for 55 years, in accordance with the requirements and process
set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
12 Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
13 on all future owners and successors in interest.
14 14, 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
16 development.
17 15. 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
19 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
20
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
21 landscape plancheck process on file in the Planning Department and accompanied by the
22 project's building, improvement, and grading plans.
23 17. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
24 by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
25 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
27 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
28 favor of, or in which the City has an interest.
PC RFiSO NO. 6502 -8-
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
2 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
3 transmitted to City within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the
r event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
6 the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
7 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
o, (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
10 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.
12 d. Special Assessments Levied by the City. In the event the City has performed the
13 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
14 incurred by the City to perform such maintenance of the Common Area Lots and
or Association's Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
17 invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, 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
20 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
21 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
23 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
24 assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
27 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
28
PC RESO NO. 6502 -9-
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
2 prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit
3 n
Landscape Material Restrictions; Restrictions to landscape materials
adjacent to conserved habitat areas shall be as set forth in Exhibit
r Invasive/exotic species not to be used shall include those listed on Lists A and
B of the |"Exotic Plants of Greatest Ecological Concerns in California'
6 adopted by the California Exotic Pest Plants Council, October 1999.
7 h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting
within residential lots adjacent to adjacent to open space conservation areas
shall be as set forth in Exhibit
9.i. Fire Suppression Zones: A disclosure shall be included identifying all lots
10 where Fire Suppression Zones extend into private rear yard areas. The
disclosures shall include a site plan of the lot, location of the Fire Suppression
Zones, and the fuel modification standards required for the various zones.
12 Aircraft Noise Disclosure: A disclosure shall be included that this property is
13 subject to overflight, sight and sound of aircraft operating from McClellan-
Palomar Airport.
14
18. 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
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
17 Local Facilities Management Plan fee for Zone 20, 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
1 ° approval will not be consistent with the General Plan and shall become void.
19 19. Developer shall submit a street name list consistent with the City's street name policy
20 subject to the Planning Director's approval prior to final map approval.
21 20. Prior to the issuance of any permits for the project, the applicant shall submit to the
Planning Director a digital copy of the biology report exhibits in AutoCAD DWG or
ESRI-Shape-File Format registered to CCS zone 6 NAD 83. The Planning Director has
23 the discretion to waive this condition based on factors such as the scope of the study and
the format in which the exhibits were prepared.
24
21. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
26 22. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice
27 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
28 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Tentative Tract Map, Planned Development Permit, Site
PC RESO NO. 6502 -10-
Development Plan, Coastal Development Permit, Hillside Development Permit, and
2 Habitat Management Permit by Resolutions No. 6502, 6503, 6504, 6505, 6506, and
6507 on the property. Said Notice of Restriction shall note the property description,
3 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.
4 The Planning Director has the authority to execute and record an amendment to the notice
c which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
6
23. If satisfaction of the school facility requirement involves a Mello-Roos Community
7 Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
9 shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
10 the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
12 regarding those fees or taxes can be obtained.
13 24. 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
14 or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
16 25. 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
17 posted until ALL of the units are sold.
18 26. Prior to the recordation of the first final tract map or the issuance of building permits,
i o whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
20 Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
21
27. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
23 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department).
24
28. Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area
for Recreational Vehicle storage pursuant to City Standards and the Zone 20 Specific
25 Plan. The CC&Rs shall prohibit the storage of recreational vehicles in the required front
yard setback.
27
29. Developer shall dedicate, on the final map, an open space easement for those portions of
2° lots 14 and 15 which are (in slopes, wetlands, coastal sage scrub, or other constrained
PC RESO NO. 6502 -11-
land plus all other lands set aside as part of the Citywide Open Space System) to prohibit
2 any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways,, and landscaping, as shown on Exhibit(s) "A" -
3 "BB".
4 30. Removal of native vegetation and development of Open Space Lot(s) 14 and 15,
c including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways,
and landscaping, other than that approved as part of (the grading plan, improvement
6 plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit "A" -
"BB", is specifically prohibited, except upon written order of the Carlsbad Fire
Department for fire prevention purposes, or upon written approval of the Planning
Director, and (California Coastal Commission if in Coastal Zone), based upon a request
from the Homeowners Association accompanied by a report from a qualified
9 arborist/botanist indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
10 native vegetation, the report required to accompany the request shall be prepared by a
qualified biologist.
31. Disclosures shall be prepared for the homeowner's signature on all lots where Fire
Suppression Zones extend into the private rear yard area. The disclosure shall
13 include a site plan of the lot, location of the Fire Suppression Zones, and the fuel
modification standards required for the various zones.
14
. ^ Engineering:
16 General
17 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.
19 33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
20 recorded document, for maintaining the private easements within the subdivision and all
the private improvements (e.g. driveways, sidewalks, utilities, water quality treatment
facilities and private storm drain improvements, etc.) located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
23
34. There shall be one Final Map recorded for this project.
24
35. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The limits of these sight distance corridors
shall be reflected on all improvement, grading, or landscape plans prepared in association
with this development.
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Fees/Agreements
28
36. Developer shall cause property owner to execute and submit to the City Engineer for
PC RESO NO. 6502 -12-
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
2
37. Prior to approval of any grading or building permits for this project, Developer shall
3 cause Owner to give written consent to the City Engineer for the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
4 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.
6
Grading
7
38. 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
9 obtain a grading permit from the City Engineer prior to issuance of a building permit.
10 39. This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
, ~ owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
13 either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
14 conformance from both the City Engineer and Planning Director.
40. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
16 City Engineer. The plan shall clearly show all the geology as exposed by the grading
operation, all geologic corrective measures as actually constructed and must be based on a
17 contour map which represents both the pre and post site grading. The plan shall be signed
by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
1 ° x 36" mylar or similar drafting film format suitable for a permanent record.
19 41. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
20 receipt of a Notice of Intention from the State Water Resources Control Board.
21 42. 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
Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
23 best management practices as referenced in the "California Storm Water Best
Management Practices Handbook" to reduce surface pollutants to an acceptable level
24 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
~) £\
a. All owners and tenants shall coordinate efforts to establish or work with
27 established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
28
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
PC RESO NO. 6502 -13-
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
2 fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
3 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
6 when planning any changes to the landscaping and surface improvements.
7 43. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
9 established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
10 to the maximum extent practicable storm water pollutant runoff during construction of
the project.
,~ 44. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
14 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
17 a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies
, 0 that could be impacted by this project.
20 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
21 maximum extent practicable before discharging offsite.
d. Establish specific procedures for handling spills and routine cleanup. Special
considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
23 on the proper procedures for handling cleanup and disposal of pollutants.
24 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
f. Identify how post-construction runoff rates and velocities from the site will not
exceed the pre-construction runoff rates and velocities to the maximum extent• i ,practicable.
27
45. Developer shall cause property owner to process, execute and submit an executed copy to
28 the City Engineer for recordation a City standard Permanent Stormwater Quality Best
PC RESO NO. 6502 -14-
Management Practice Maintenance Agreement for the perpetual maintenance of all
2 treatment control, applicable site design and source control, post-construction permanent
3 46. 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.4
,- Dedications/Improvements
6 47. Developer shall cause Owner to make an offer of dedication to the City and/or other
appropriate entities for the Sewer, Water and Storm Drainage easements shown on the
7 tentative map. The offer shall be made by a certificate on the final map. All land so
offered shall be free and clear of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
9
48. Additional drainage easements may be required. Developer shall dedicate and provide or
10 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
, 2 49. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
13 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
14 plan check and inspection fees.
50. Developer shall provide for the design of water quality treatment systems to the
16 satisfaction of the City Engineer. Additional Structural BMP devices may be
required to comply with the current City of Carlsbad Standard Urban Storm Water
17 Mitigation Plan (SUSMP).
1 ° 51. Developer shall execute a City standard Subdivision Improvement Agreement to install
, n and secure with appropriate security as provided by law, public improvements shown on
the tentative map. These improvements include, but are not limited to paving, base,
20 signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights,
21 pedestrian ramps, drainage structures, and best management practices for stormwater
treatment. Said improvements shall be installed to City Standards to the satisfaction of
the City Engineer. More specifically, these improvements include:
23
a. Reconstruction, replacement and repair of adjacent improvements to Surf
24 Crest Street, Avena Court East, and Black Rail Road where the subdivision
transitions and connects to existing improvements.
£3
js b. 8" Sewer main, cleanouts and access structures to serve Lots 1 through 9 on
Private Street "A" and on Surf Crest Street to serve adjacent lots.
27
c. Water main, valves, meters and appurtenances to serve Lots 1 through 9 on
28 Private Street "A" and on Surf Crest Street to serve adjacent lots.
PC RESO NO. 6502 -15-
d. Storm Drain repair and reconstruction on Surf Crest as shown on the
2 tentative map for this project.
3 (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
4 shall be constructed within 18 months of approval of the subdivision or development
<- improvement agreement or such other time as provided in said agreement.
6 52. Prior to issuance of building permits, Developer shall underground all existing overhead
utilities along and within the subdivision boundary.
7
53. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting Avena Court East and Black Rail Road.
9
Final Map Notes
10
Add the following notes to the final map as non-mapping data.
12 54. All improvements are privately owned and are to be privately maintained with the
exception of the following:
13
a. The 8" sewer main and access hole on street "A".
14
b. Water Mains specifically shown as public water mains, fire hydrants and related
appurtenances on improvement plans for this project.
16 c. Improvements to Avena Court East and Surf Crest Street including but not limited
17 to: Curbs, gutter, A.C. paving, street lights, storm drains. Storm Water treatment
control facilities are considered private with required maintenance.
18
, o 55. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
20
56. Geotechnical Caution:
21
a. 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
23 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
24 subdivision due to its construction, operation or maintenance.
9SZJ 57. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
2/- encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards.
27
Utilities
28
58. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
PC RESO NO. 6502 -16-
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
2 building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
3 satisfaction of the District Engineer.
59. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
<- for connection to public facilities.
6 60. The Developer shall install potable water services and meters at locations approved by the
District Engineer. The locations of said services shall be reflected on public improvement
7 plans.
61. The Developer shall install sewer laterals and clean-outs at locations approved by the
n District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
10
Code Reminders:11
, ~ The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
13
62. The tentative map shall expire within two (2) years of Coastal Commission approval
14 of LCPA 05-06.
63. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
16 required by Chapter 20.44 of the Carlsbad Municipal Code.
17
18
64. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
in 65. 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
20 permit issuance, except as otherwise specifically provided herein.
21 66. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
23 67. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
24
68. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
27
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on November 5, 2008, by the following
vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Cardosa, Dominguez, Montgomery,
and Chairperson Whitton
ABSENT: Commissioner Douglas
ABSTAIN:
H. WHITTON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6502 -18-