HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65811 PLANNING COMMISSION RESOLUTION NO. 6581
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
4 APPROVAL OF CARLSBAD TRACT CT 01-09 TO
, SUBDIVIDE 41.58 ACRES INTO 24 COMMERCIAL LOTS
AND ONE COMMON LOT ON PROPERTY GENERALLY
6 LOCATED NORTHERLY AND EASTERLY OF THE LA "
COSTA AVENUE AND RANCHO SANTA FE ROAD
7 INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
8 CASE NAME: LA COSTA TOWN SQUARE
9 CASE NO.: CT01-09
10 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
11 verified application with the City of Carlsbad regarding property described as
12 A portion of Section 31, Township 12 South and a portion of
13 Section 6, Township 13 South, Range 4 West, San Bernardino
Meridian, together with portions of Lots 4 and 5 of Rancho Las
14 Encinitas according to Map thereof No 848, in the City of
Carlsbad, County of San Diego, State of California
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Tentative Tract
18 Map as shown on Exhibits "A" - "LL" for CT 01-09 dated July 1, 2009, on file in the Planning
19 Department LA COSTA TOWN SQUARE - CT 01-09, as provided by Chapter 20.12 of the
20 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
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hold a duly noticed public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
2" relating to the Tentative Tract Map.
27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CT 01-09,
based on the following findings and subject to the following conditions:
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Findings:
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r 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
regulations.
9 2. That the proposed project is compatible with the surrounding future land uses since
10 surrounding properties are designated Residential High Density (RH), Office (O), Open
Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that
11 the Open Space Land Use creates an adequate buffer between the Commercial and
1 _ Residential Low Medium density Land Use and that Circulation Element roadways
separate the Residential High Density from the Local Shopping Center Land Use
13 designation.
14 3. That the site is physically suitable for the type and intensity of the development since the
site is adequate in size and shape to accommodate non-residential development at the
1 ^ intensity proposed, in that the project site can accommodate the proposed
j g development while complying with all setback, lot coverage, parking, and height
development standards, except for monument signs, and public facilities
17 requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C.
Zoning Ordinance Title 21.
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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
20 public at large, for access through or use of property within the proposed subdivision, in
that concurrent with recordation of the final map, the developer will vacate and
21 adjust any easements that conflict with proposed development.
22 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
„ . 6. 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
25 against the public service needs of the City and available fiscal and environmental
resources.
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7. That the design of the subdivision and improvements are not likely to cause substantial
2? environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is included in the Habitat Conservation Plan/Ongoing Multi-
Species Plan, and the project will implement the required mitigation measures
applicable to this site as identified in the La Costa Town Square EIR.
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8. That the discharge of waste from the subdivision will not result in violation of existing
2 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
3 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
4 System (NPDES) requirements.
9. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and La Costa Master Plan
as amended based on the facts set forth in the staff report dated July 1, 2009 including,
but not limited to the following: the project will provide Local Commercial (L)
neighborhood-serving retail services to the La Costa community as well as other
local neighborhoods consistent with the General Plan and the La Costa Master Plan.
10. The project is consistent with the Citywide Facilities and Improvements Plan, the General
Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and
all City public facility policies and ordinances. The project includes elements or has been
11 conditioned to construct or provide funding to ensure that all facilities and improvements
regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks
12 and other recreational facilities; libraries; government administrative facilities; and open
space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
14 a. The project has been conditioned to provide proof from the Encinitas Union and
15 San Dieguito Union High School Districts that the project has satisfied its
obligation for school facilities.16
17 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
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c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
19 collected prior to the issuance of building permit.
20 11. The project has been conditioned to pay any increase in public facility fee, or new
91 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
22 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.
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12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
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13. That all necessary public facilities required by the Growth Management Ordinance will
26 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 11 LFMP and the project will
comply with the general and special conditions of the zone, and that there have been
previous developments approved in the La Costa Master Plan and Villages of La
PCRESONO. 6581 -3-
Costa Master Plan that have provided the necessary infrastructure to serve the
2 project.
3 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).
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<- 15. 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
6 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.
7
Conditions:
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„ Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of a final map, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
i -> 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
14 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
15 or a successor in interest by the City's approval of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
17 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
18 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
2Q 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
22 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 66020. If any such condition is determined to be invalid, this approval shall be
24 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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5. Developer shall implement, or cause the implementation of, the La Costa Town Square
26 EIR 01-02 Project Mitigation Monitoring and Reporting Program.
27 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
28 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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
PCRESONO. 6581 -4-
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
2 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
3 (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
c survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
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7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
7 copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.8
9 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union Elementary and San Dieguito Union High School
10 Districts that this project has satisfied its obligation to provide school facilities.
11 9. This project shall comply with all conditions and mitigation measures which are required
,~ as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
14 01-02, MP 149(R), LFMP 87-11(C), PUD 08-09, HDP 01-05, and SDP 01-04 and is
subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
6579, 6580, 6585, 6586, and 6588 for those other approvals incorporated herein by
, /• reference.
17 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
18 adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
20 shall be placed on the Final Map.
21 12. Developer shall establish an owner's association (OA) and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
22 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
24 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
25 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 of, or in which the City has an interest.
27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to
28 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
PCRESONO. 6581 -5-
c. Failure of Association to Maintain Common Area Lots and Easements. In the
2 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
3 the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the 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
6 (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
7 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.
9 d. Special Assessments Levied by the City. In the event the City has performed the
10 necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the 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
13 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
14 Section. Said invoice shall be due and payable by the Association within twenty
(20) days of receipt by the Association. If the Association shall fail to pay such
invoice in full within the period specified, payment shall be deemed delinquent
, f 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
17 Association by means of any remedies available at law or in equity. Without
limiting the generality of the foregoing, in addition to all other rights and
18 remedies available to 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
20 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
21 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
22 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.
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e. Landscape Maintenance Responsibilities. The Owners Association and individual
25 lot or unit owner landscape maintenance responsibilities shall be as set forth in
Exhibit.26
27 13. 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
28 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 11, pursuant to Chapter 21.90. All such
PCRESONO. 6581 -6-
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
2 approval will not be consistent with the General Plan and shall become void.
3 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
4 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 No. 6581 on the property. Said Notice of Restriction shall
6 note the property description, location of the file containing complete project details and
all conditions of approval as well as any conditions or restrictions specified for inclusion
7 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 or successor in interest.
9 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
10 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
11 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
13 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
14 project's building, improvement, and grading plans.
15 17. Developer shall provide bus stops to service this development at locations and with
16 reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
17 minimum include a bench and a pole for the bus stop sign. The facilities shall be
designed to enhance or be consistent with basic architectural theme of the project.
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Engineering:
2Q NOTE: Unless specifically stated in the condition, all of the following conditions, upon
the approval of this proposed subdivision, must be met prior to approval of a final map, building
21 or grading permit whichever occurs first.
22 General
23 18. Prior to hauling dirt or construction materials to or from any proposed construction site
24 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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19. This project is approved upon the express condition that building permits will not be
2" issued for the development of the subject property, unless the District Engineer has
27 determined that adequate water and sewer facilities are available at the time of permit
issuance.
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20. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
PCRESONO. 6581 -7-
private improvements within this subdivision, including but not limited to private streets,
2 parking areas, utilities, street trees, sidewalks, landscaping, street lighting, raised
medians, enhanced paving, water quality treatment measures, low impact development
3 features, storm drain facilities, etc. located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
21. There shall be one Final Map recorded for this project.
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22. Developer shall install sight distance corridors at all street intersections and driveways in
7 accordance with City Engineering Standards.
Fees/Agreements
9 23. Developer shall cause property owner to execute, and submit to the City Engineer for
10 recordation, a City Standard deed restriction on the property which relates to the
proposed cross lot drainage as shown on the tentative map. The deed restriction
11 document shall:
19* A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
14 C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
15 damage to the underlying and adjacent properties or the creation of a public
nuisance.16
24. Developer shall cause property owner to apply for, execute, and submit, to the City
Engineer for recordation, an Encroachment Agreement covering pervious pavement,
18 enhanced paving, and private BMPs located over proposed storm drain easements as
shown on the tentative map. Developer shall pay processing fees per the City's latest fee
19 schedule.
20 25. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
22 subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
23 property into SL&LD #2.
24 26. Developer shall cause property owner to execute and submit to the City Engineer for
25 recordation the City's standard form Street Tree Maintenance Agreement.
26 27. Prior to approval of the Final Map, Developer shall cause Property Owner to
execute and submit to the City for recordation a Prepayment Agreement with the
City for prepayment of the obligation for funding to improve Rancho Santa Fe
Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The
Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
PCRESONO. 6581 -8-
and City Engineer.
2
Grading
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28. Based upon a review of the proposed grading and the grading quantities shown on the
4 tentative map, a grading permit for this project is required. Developer shall prepare and
, submit plans and technical studies/reports, for City Engineer review, and shall pay all
applicable grading plan review fees per the City's latest fee schedule.
6
29. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
7 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.8
g 30. Supplemental grading plans may be required for precise grading associated with
subsequent phases of development of this project. Developer shall prepare, and submit
10 for approval, grading plans for the precise grading as shown on the tentative map all
subject to City Engineer approval.
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31. 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
13 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
14 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.
1 ,• 32. This project requires off site grading. No grading for private improvements shall occur
outside the project unless Developer obtains, records, and submits a recorded copy, to the
17 City Engineer, a temporary grading, construction or slope easement or agreement from
the owners of the affected properties. If Developer is unable to obtain the temporary
18 grading or slope easement, or agreement, no grading permit will be issued. In that case
Developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of
2Q substantial conformance and/or consistency determination from both the City Engineer
and Planning Director.
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33. Developer shall comply with the City's Storm water Regulations, latest version, and shall
22 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
24 educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
25 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
27 34. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
28
35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
PCRESONO. 6581 -9-
1 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
2 and provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
3 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.4
t- 36. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
6 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
7 Municipal Code all to the satisfaction of the City Engineer.
o 37. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
10 drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using 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 greatly reduce the
] 3 volume, peak flow rate, velocity and pollutants.
14 38. Developer shall submit documentation, subject to City Engineer approval, demonstrating
how this project complies with hydromodification requirements per the City's SUSMP,
latest version. Documentation shall be included within the Storm Water Management
16 Plan (SWMP).
17 Dedications/Improvements
18 39. Prior to recordation of the final map, Developer shall make application for
easements to be vacated, quitclaimed, or abandoned to the satisfaction of the City
Engineer.
20 40. Developer shall cause Owner to dedicate to the City and/or other appropriate entities
21 easements for Public Street & Public Utility, Drainage and Public Utility purposes as
shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or
22 by separate recorded document as required by the City or each District. 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. Additional easements
24 may be required at final design to the satisfaction of the City Engineer.
25 41. Developer shall design the private streets, as shown on the Tentative Map to the
satisfaction of the City Engineer. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests. All private streets shall be
inspected by the City. Developer shall pay the standard improvement plan check and
inspection fees for private streets.
28 42. Developer shall design the private drainage systems, as shown on the Tentative Map to
the satisfaction of the City Engineer. All private drainage systems (12" diameter storm
PCRESONO. 6581 -10-
drain and larger) shall be inspected by the City. Developer shall pay the standard
2 improvement plan check and inspection fees for private drainage systems.
3 43. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a City standard Subdivision Improvement
4 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the Tentative Map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These improvements
include, but are not limited to:
7 A. Frontage improvements to Rancho Santa Fe Road including parkway and full
median improvements, irrigation, landscaping, pavement striping, lane widening,
8 and utility relocation.
B. Frontage improvements to the north side of La Costa Avenue including parkway
improvements, pavement striping, lane widening, and utility relocation.
C. NCTD bus turnout on north side of Rancho Santa Fe Road at Paseo Lupino.
D. NCTD bus turnout on south side of Rancho Santa Fe Road at La Costa Avenue.
11 E. Temporary and permanent storm drain improvements including private detention
facilities if required to mitigate hydromodification requirements of the City's
12 SUSMP, latest version.
._ F. Interconnect the traffic signals along Rancho Santa Fe Road between San
Elijo Road and Camino Alvaro by constructing approximately 3,600 linear
14 feet of 2-inch conduit with twisted-pair conductor between Camino Alvaro
and Camino de los Coches and providing and installing a traffic signal
15 master controller and wireless communication transceiver. With approval of
the City Traffic Engineer, wireless communication devices can be used in lieu
1" of the 2-inch conduit and twisted-pair conductors.
i Y G. The sidewalk along the southerly side of Rancho Santa Fe Road between La
Costa Avenue and Paseo Lupino shall be located non-curb adjacent to the
18 satisfaction of the City Engineer.
19 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
22 44. Prior to the approval of the Final Map the developer shall pay a fair share
contribution for improvements to the intersection of Rancho Santa Fe Road and San
Marcos Boulevard located in the City of San Marcos. The fair share contribution,
9. per the Caltrans Method for Calculating Equitable Mitigation Measures, has been
determined to be $22,752 based on a 2.05% cumulative impact of the project traffic
25 through the intersection and the Private Developers Obligations ($1,080,000) of the
intersection improvements as shown in the San Marcos FY 2009-2010 Capital
26 Improvement Project Detail. Project fair share contribution to be adjusted at time
of payment based on the Engineering News Record (ENR) Index.
45. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a City standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements.
PCRESONO. 6581 -11-
Said improvements shall be installed to City Standards to the satisfaction of the City
2 Engineer. More specifically, these signal improvements include but are not limited to
constructing a new fully actuated traffic signal including all appurtenances and traffic
3 signal interconnect conduit and cable at the intersection of La Costa Avenue and
Levante Street.4
- Developer shall install the traffic signal only with written authorization from the City
Engineer. Developer shall pay the standard improvement plan check and inspection fees.
6 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
7 said agreement. The developer/owner may be eligible for partial reimbursement from the
City. A reimbursement agreement must be approved by the City prior to the final map
recordation.
9 46. Developer shall prepare and process improvement plans and, prior to approval, shall
10 execute a City standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
1 1 shown on the Tentative Map. Said improvements shall be installed to City Standards to
the satisfaction of the City Engineer. More specifically, these signal improvements
include but are not limited to modifying the existing traffic signal including all
13 appurtenances and traffic signal interconnect conduit and cable at the intersection of
Rancho Santa Fe Road and Paseo Lupino / Via Mercado.
14
Developer shall pay the standard improvement plan check and inspection fees.
^ Improvements listed above shall be constructed within 18 months of approval of the
, 6 subdivision or development improvement agreement or such other time as provided in
said agreement.
17
47. Developer shall prepare and process improvement plans and, prior to approval, shall
18 execute a City standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
2Q Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to modifying the existing traffic signal
21 including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Rancho Santa Fe Road.
22
Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
24 subdivision or development improvement agreement or such other time as provided in
said agreement.
25
48. Developer shall prepare and process improvement plans and, prior to approval, shall
2" execute a City standard Subdivision Improvement Agreement to install and shall post
27 security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
28 Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
signal including all appurtenances and traffic signal interconnect conduit and cable at the
PCRESONO. 6581 -12-
intersection of La Costa Avenue and Via Mercado. Developer shall install the traffic
2 signal only with written authorization from the City Engineer
3 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
,. said agreement.
5 49. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a City standard Subdivision Improvement Agreement to install and shall post
7 security in accordance with CMC. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
signal including all appurtenances and traffic signal interconnect conduit and cable at the
10 intersection of La Costa Avenue and Calle Timiteo.
Developer shall install the traffic signal only with written authorization from the City
Engineer. Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
13 subdivision or development improvement agreement or such other time as provided in
said agreement.
14
50. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a City standard Subdivision Improvement Agreement to install and shall post
security in accordance with C.M.C. Section 20.16.070 for public signal improvements
shown on the Tentative Map. Said improvements shall be installed by Developer to City
17 Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing a new fully actuated traffic
18 signal including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Camino De Los Coches.
20 Developer shall install the traffic signal only with written authorization from the City
Engineer. Developer shall pay the standard improvement plan check and inspection fees.
21 Improvements listed above shall be constructed within 18 months of approval of the
subdivision or development improvement agreement or such other time as provided in
22 said agreement. The developer/owner may be eligible for partial reimbursement from the
City's Traffic Impact Fee program. A reimbursement agreement must be approved by the
City prior to the final map recordation.
24
51. Developer shall cause Owner to waive direct access rights on the final map for all lots
25 abutting Rancho Santa Fe Road and La Costa Ave., except locations as shown on the
tentative map.26
52. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage based on
a street center line to right-of-way width of 63-feet (plus additional right of way for
28 turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative
Map and in conformance with City of Carlsbad Standards.
PCRESONO. 6581 -13-
53. La Costa Avenue shall be dedicated by Owner along the project frontage based on a
2 street center line to right-of-way width of 42-feet (plus additional right of way for turn
lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map
3 and in conformance with City of Carlsbad Standards.
4 54. Developer shall design, and obtain approval from the City Engineer, the structural section
<- for the access aisles with a traffic index of 5.0 in accordance with City Standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
6 completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
7 approval of the City Engineer.
o 55. Developer shall provide all-weather maintenance access roads to the public drainage
o facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City
Engineer. Where maintenance access roads are not practical and/or permitted, Developer
10 shall incorporate low-maintenance design features to the satisfaction of the City
Engineer.
11
Non-Mapping Notes
j3 56. Add the following notes to the final map as non-mapping data:
14 A. Developer has executed a City standard Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.16.070 to install public
^ improvements shown on the tentative map. These improvements include, but are
,,- not limited to:
17 1. Frontage improvements to Rancho Santa Fe Road including parkway and full
median improvements, irrigation, landscaping, pavement striping, lane
18 widening, and utility relocation.
2. Frontage improvements to the north side of La Costa Avenue including
2Q parkway and median reconstruction (if necessary), pavement striping, lane
widening, and utility relocation.
21 3. NCTD bus turnout on north side of Rancho Santa Fe Road at Paseo Lupino.
4. NCTD bus turnout on south side of Rancho Santa Fe Road at La Costa
22 Avenue.
5. Temporary and permanent storm drain improvements including private
detention facilities if required to meet hydromodification requirements of the
24 City's SUSMP, latest version.
25 B. Developer has executed a City standard Subdivision Improvement Agreement and
has posted security in accordance with C.M.C. Section 20.16.070 to install public
2" signal improvements shown on the Tentative Map. These signal improvements
27 include but are not limited to Modifying or constructing new fully actuated traffic
signals including all appurtenances and traffic signal interconnect conduits and
28 cables, at the intersection of La Costa Avenue and Rancho Santa Fe Road and
Rancho Santa Fe Road and Paseo Lupino/via Mercado.
PCRESONO. 6581 -14-
C. Developer has executed a City standard Subdivision Improvement Agreement and
2 has posted security in accordance with C.M.C. Section 20.16.070 to install public
signal improvements shown on the Tentative Map. These signal improvements
3 include but are not limited to constructing new fully actuated traffic signals
including all appurtenances and traffic signal interconnect conduits and cables, at
the intersections of La Costa Avenue and Via Mercado, La Costa Avenue and
- Calle Timiteo, and La Costa Avenue and Camino de los Coches.
6 D. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
7
E. Geotechnical Caution:8
o 1. 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
10 any action that may arise through any geological failure, ground water
seepage or land subsidence and subsequent damage that may occur on, or
adjacent to, this subdivision due to its construction, operation or maintenance.
12 F. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
13 permitted to encroach within the area identified as a sight distance corridor as
defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans
14 standards.
G. The owner of this property on behalf of itself and all of its successors in interest
, fi has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any diversion of waters, the alteration of the normal flow
17 of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the City approved
18 development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
20 Utilities
21 57. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
22 hydrants, if proposed, shall be considered public improvements and shall be served by
public water mains to the satisfaction of the District Engineer.
24 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
25
59. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
27 Department for processing and approval.
28 60. The Developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
PCRESONO. 6581 -15-
61. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
2 District regarding potable water infrastructure available or required to serve this project.
3 62. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding recycled water infrastructure available or required to serve this project.
4
Code Reminders:
6 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
7
63. This Tentative Map shall expire three years from the date on which the City Council
voted to approve this application.
9 64. Some improvements shown on the tentative map and/or required by these conditions are
10 located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
11 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
13 requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
14
65. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
15 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the Tentative Map are for planning purposes only.16
17 66. 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.
18
67. Developer shall pay a landscape plancheck and inspection fee as required by Section
I9 20.08.050 of the Carlsbad Municipal Code.
20 68. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
22
69. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
24
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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 July 15, 2009, by the following vote, to
wit:
Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and
Chairperson Montgomery
AYES:
NOES:
ABSENT:
ABSTAIN: Commissioner Dominguez
MARTELL B. MONTGOMERY,
CARLSBAD PLANNING COM!
ATTEST:
rperson
ION
DON NEU
Planning Director
PCRESONO. 6581 -17-