HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65831 PLANNING COMMISSION RESOLUTION NO. 6583
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 08-07 TO
4 SUBDIVIDE 7.14 ACRES INTO 2 OFFICE LOTS
, CONTAINING A MAXIMUM OF 60 AIRSPACE UNITS
GENERALLY LOCATED NORTHERLY AND EASTERLY OF
6 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD
INTERSECTION IN THE SOUTHEAST QUADRANT OF THE
7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE
8 CASE NO.: CT 08-07
9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a
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verified application with the City of Carlsbad regarding property described as
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A portion of Section 31, Township 12 South and a portion of
Section 6, Township 13 South, Range 4 West, San Bernardino
] 3 Meridian, together with portions of Lots 4 and 5 of Rancho Las
Encinitas according to Map thereof No 848, in the City of
14 Carlsbad, County of San Diego, State of California
15 ("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
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Map as shown on Exhibits «A"-"G" for CT 08-07 and Exhibits "A" - "LL" of CT 01-09 as
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related to CT 08-07 dated July 1, 2009, on file in the Planning Department LA COSTA
20 TOWN SQUARE - CT 08-07, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
21 and
22 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009,
23 hold a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of persons desiring to be heard, said Commission considered all factors
26
27 relating to the Tentative Tract Map.
28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of LA COSTA TOWN SQUARE - CT 08-07,
based on the following findings and subject to the following conditions:
4
- Findings;
6 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
7 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
being created satisfy all minimum requirements of Titles 20 and 21 governing lot
9 sizes and configuration and have been designed to comply with all other applicable
regulations.
10
2. That the proposed project is compatible with the surrounding future land uses since
11 surrounding properties are designated Local Shopping Center (L), Open Space (OS)
and Residential Low-Medium Density (RLM) on the General Plan, in that the Open
Space Land Use creates an adequate buffer between the Office and Residential Low
13 Medium density Land Use and that La Costa Avenue, a Circulation Element
roadway, separates the Residential Medium High Density from the Office Use
14 designation.
15 3. That the site is physically suitable for the type and intensity of the development since the
, f site is adequate in size and shape to accommodate non-residential development at the
intensity proposed, in that the project site can accommodate the proposed
17 development while complying with all setback, lot coverage, parking, and height
development standards and public facilities requirements specified in the La Costa
18 Master Plan, LFMP Zone 11 and C.M.C. Zoning Ordinance Title 21.
4. That the design of the subdivision or the type of improvements will not conflict with
20 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
21 that concurrent with recordation of the final map, the developer will vacate and
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).
24 6. That the Planning Commission has considered, in connection with the housing proposed
25 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
26 resources.
27 7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is 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.
PC RESO NO. 6583 -2-
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,
7 but not limited to the following: the project will provide Office (O) services to the La
Costa community as well as other local neighborhoods consistent with the General
° Plan and the La Costa Master Plan.
Q 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,
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a. The project has been conditioned to provide proof from the Encinitas Union
15 Elementary and San Dieguito Union High School Districts that the project has
satisfied its obligation for school facilities.16
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
18
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
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.
23
12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
25
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
PC RESO NO. 6583 -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).
4
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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
7 degree of the exaction is in rough proportionality to the impact caused by the project.
8 Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
i A grading permit or recordation of a final map, whichever occurs first.
11 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
12 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
future building permits; deny, revoke, or further condition all certificates of occupancy
14 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
15 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
, 7 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
18 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
19 different from this approval, shall require an amendment to this approval.
20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
21 regulations in effect at the time of building permit issuance.
22 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
23 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
invalid unless the City Council determines that the project without the condition complies
25 with all requirements of law.
26 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
,-,0 and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
PCRESONO. 6583 -4-
nondiscretionary, in connection with the use contemplated herein, and
2 (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
3 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.
6. Developer shall implement, or cause the implementation of, the La Costa Town Square
6 EIR 01-02 Project Mitigation Monitoring and Reporting Program.
7 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
copy of the Tentative Map reflecting the conditions approved by the final decision-
making body.
9 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
10 Director from the Encinitas Union Elementary and San Dieguito Union High School
Districts that this project has satisfied its obligation to provide school facilities.
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
13 that Plan prior to the issuance of building permits.
14 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA
01-02, MP 149(R), LFMP 87-ll(C), CP 01-03, HDP 01-05, and SDP 01-03 and is
^ subject to all conditions contained in Planning Commission Resolutions No. 6577, 6578,
Ig 6579, 6580, 6584, 6586, and 6587 for those other approvals incorporated herein by
reference.
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11. Building permits will not be issued for this project unless the local agency providing
18 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
20 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
21
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
22 #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
24 Local Facilities Management Plan fee for Zone 11, 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
25 approval will not be consistent with the General Plan and shall become void.
9* f\13. Developer shall submit to the City a Notice of Restriction executed by the owner of the
27 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 Director, notifying all interested
28 parties and successors in interest that the City of Carlsbad has issued a(n) Tentative
Tract Map by Resolution No. CT 08-07 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
PCRESONO. 6583 -5-
and all conditions of approval as well as any conditions or restrictions specified for
2 inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
3 showing of good cause by the Developer or successor in interest.
14. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
6 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
7
15. 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
project's building, improvement, and grading plans.
10 16. Developer shall establish an owner's association and corresponding covenants, conditions
and restrictions (CC&Rs) for each lot. Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
,, permit, the Developer shall provide the Planning Department with a recorded copy of the
official CC&Rs that have been approved by the Department of Real Estate and the
13 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
14 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
1 -1 of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
17 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
18 within 30 days for the official record.
19 Failure of Association to Maintain Common Area Lots and Easements. In the event
20 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
21 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
22 Association, with a copy thereof to the Owners in the Project, setting forth with
__ particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
24 giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the
25 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.
27 d. Special Assessments Levied by the City. In the event the City has performed the
28 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
PCRESONO. 6583 -6-
Easements. The City shall provide a copy of such invoice to each Owner in the
2 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
3 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
<- 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
6 may pursue collection from the Association by means of any remedies available at
law or in equity. Without limiting the generality of the foregoing, in addition to all
7 other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal 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 lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
10 and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
j3 e. Landscape Maintenance Responsibilities. The owners association and individual lot
or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit
14
17. Developer shall provide bus stops to service this development at locations and with
,, 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.
18
Engineering:
20 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.
25
19. This project is approved upon the express condition that building permits will not be
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.
28
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. 6583 -7-
private improvements within this subdivision, including but not limited to private streets,
2 parking areas, utilities, street trees, walkways, landscaping, retaining walls, onsite
lighting, raised medians, , 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.
6
22. Developer shall install sight distance corridors at all street intersections and driveways in
7 accordance with City Engineering Standards.
o
Fees/Agreements
9 23. Developer shall cause property owner to execute and submit to the City Engineer for
10 recordation, the City's standard form Geologic Failure Hold Harmless
Agreement.Developer shall cause property owner to execute and submit to the City
Engineer for recordation the City's standard form Drainage Hold Harmless Agreement.
24. Developer shall cause property owner to process, execute and submit an executed copy to
i o the City Engineer for recordation a City standard Permanent Stormwater Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
14 treatment control, applicable site design and source control, post-construction permanent
Best Management Practices prior to the issuance of a grading permit or building permit,
15 or the recordation of a final map, whichever occurs first for this Project.
" 25. Developer shall cause property owner to execute, and submit to the City Engineer for
, ~ recordation, a City Standard deed restriction on the property which relates to the
proposed cross lot drainage as shown on the tentative map. The deed restriction
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
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
22 damage to the underlying and adjacent properties or the creation of a public
nuisance.
23
26. 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, per the Caltrans Method for
Calculating Equitable Mitigation Measures, has been determined to be $994 based on a
0.09% cumulative impact of the project traffic through the intersection and the Private
Developers Obligations ($1,080,000) of the intersection improvements as shown in the San
27 Marcos FY 2009-2010 Capital Improvement Project Detail. Project fair share contribution
to be adjusted at time of payment based on the Engineering News Record (ENR) Index.
28
27. 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
PCRESONO. 6583 -8-
map for this project, Developer shall cause Owner to execute an Agreement to annex the
2 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
3 property into SL&LD #2.
4 28. Developer shall cause property owner to execute and submit to the City Engineer for
~ recordation the City's standard form Street Tree Maintenance Agreement.
6 29. 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
7 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
9 Prepayment Agreement shall be in a form to the satisfaction of the City Attorney
and City Engineer.
10
Grading
11
30. 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 prepare and
13 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.
14
31. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
15 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
, f- post security per City Code requirements.
17 32. 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
18 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
signed by both the soils engineer and the engineering geologist, and shall be submitted on
2Q a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
21 33. 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
22 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
grading or slope easement, or agreement, no grading permit will be issued. In that case
24 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
25 substantial conformance and/or consistency determination from both the City Engineer
and Planning Director.26
27 34. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
28 but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
PCRESONO. 6583 -9-
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
2 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
3
35. 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.
36. Prior to the issuance of grading permit or building permit, whichever occurs first,
6 Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
7 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
address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
10 37. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
11 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
13
38. Developer shall incorporate Low Impact Development (LID) design techniques, on all
14 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
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
17 (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
18 volume, peak flow rate, velocity and pollutants.
19 39. Developer shall submit documentation, subject to City Engineer approval, demonstrating
2Q how this project complies with Interim Hydromodification requirements per the City's
SUSMP, latest version. Documentation shall be included within the Storm Water
21 Management Plan (SWMP).
22 Dedications/Improvements
23 40. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
24 the Pedestrian Access purposes as shown on the Tentative Map. The offer shall be made
by a certificate on the Final Map or by separate recorded document as required for each
25 City or 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 may be required at final design to the satisfaction of
27 j the City Engineer.
28 41. 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 drain
and larger) shall be inspected by the City. Developer shall pay the standard improvement
PC RESO NO. 6583 -10-
plan check and inspection fees for private drainage systems.
2 42. Developer shall prepare and process public improvement plans and, prior to City
3 Engineer approval of said plans, 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 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. Sidewalk and pedestrian ramps.
B. Frontage improvements to the north side of La Costa Avenue including half
8 street overlay or reconstruction to comply with City Standards, standard
street cross section requirements, lane transitions, and utility relocation.
C. Storm drain improvements to connect private drainage systems to public
storm drain inlets or cleanouts.
D. Temporary and permanent offsite storm drainage improvements including
11 detention facilities if required to meet hydromodification requirements of the
City's SUSMP, latest version.
12
Prior to submittal of improvement plans for La Costa Ave., the Engineer of Work
shall submit detailed cross sections for review and approval of proposed design.
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
15 subdivision or development improvement agreement or such other time as provided in
said agreement.
,- 43. Developer shall prepare and process improvement plans and, prior to approval, shall
execute a City standard Subdivision Improvement Agreement to install and shall post
18 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
19 Standards to the satisfaction of the City Engineer. More specifically, these signal
improvements include but are not limited to constructing new fully actuated traffic signal
including all appurtenances and traffic signal interconnect conduit and cable at the
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
22 standard improvement plan check and inspection fees. Improvements listed above shall
be constructed within 18 months of approval of the subdivision or development
23 improvement agreement or such other time as provided in said agreement.
24 44. Developer shall prepare and process improvement plans and, prior to approval, shall
25 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
26 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 new fully actuated traffic signal
including all appurtenances and traffic signal interconnect conduit and cable at the
intersection of La Costa Avenue and Camino De Los Coches. Developer shall install
the traffic signal only with written authorization from the City Engineer. Developer shall
PCRESONO. 6583 -11-
pay the standard improvement plan check and inspection fees. Improvements listed above
2 shall be constructed within 18 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
3
45. Developer shall cause Owner to waive direct access rights on the final map for all lots
abutting La Costa Avenue except the access opening as shown on the tentative map.
46. La Costa Avenue shall be dedicated by Owner along the project frontage based on a
6 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
7 Map and in conformance with City of Carlsbad Standards.
o Non-Mapping Notes
9 47. Add the following notes to the final map as non-mapping data:
10
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:
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A. Sidewalk and pedestrian ramps
14 B. Frontage improvements to the north side of La Costa Avenue including half street
overlay or reconstruction to comply with City Standards, standard street cross
section requirements, lane transitions, and utility relocation.
I/- C. Storm drain improvements to connect private drainage systems to public storm
drain inlets or cleanouts.
17 D. Temporary and permanent offsite storm drainage improvements including
detention facilities if required to mitigate hydromodification requirements of the
18 City's SUSMP, latest version.
B. Developer has executed a City standard Subdivision Improvement Agreement and
2Q 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
21 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
22 intersection of La Costa Avenue and Calle Timiteo and La Costa Avenue and
_, Camino De Los Coches..
24 C. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
25 D. Geotechnical Caution:
9/r The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
28 subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
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E. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
2 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
3 standards.
4 F. The owner of this property on behalf of itself and all of its successors in interest
<- has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any diversion of waters, the alteration of the normal flow
5 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
7 development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
8 Utilities
9 48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
10 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
11 public water mains to the satisfaction of the District Engineer.
12 49. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
13 for connection to public facilities.
14 50. 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
15 Department for processing and approval by the District Engineer.
51. The Developer shall meet with and obtain approval from the Leucadia Wastewater
17 District regarding sewer infrastructure available or required to serve this project.
18 52. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding potable water infrastructure available or required to serve this project.
2Q 53. 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.
21
Code Reminders:
22
23 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
24
54. This tentative map shall expire three years from the date on which the City Council voted
to approve this application.
9'f^
55. Some improvements shown on the tentative map and/or required by these conditions are
27 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.
28 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
PC PvESO NO. 6583 -13-
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
2 City to successfully acquire said property by condemnation.
3 56. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
4 report and shown on the Tentative Map Tentative Map are for planning purposes only.
57. 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.
7 58. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
8
59. Approval of this request shall not excuse compliance with all applicable sections of the
9 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
60. The project shall comply with the latest disabled access requirements pursuant to Title 24
11 of the California Building Code.
\2 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
13 62. Any signs proposed for this development shall at a minimum be designed in conformance
14 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
15
16 NOTICE
17 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
2Q 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
21 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
22 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
25 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
26 expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on 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
MARTELLB. MONTGOMERY,
CARLSBAD PLANNING COMMl
ATTEST:
rson
ON
DON NEU
Planning Director
PCRESONO. 6583 -15-