HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 6605PLANNING COMMISSION RESOLUTION NO. 6605
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 06-13 TO SUBDIVIDE A 10.16 ACRE
3 SITE INTO 26 SINGLE FAMILY LOTS AND ONE OPEN
SPACE LOT ON PROPERTY GENERALLY LOCATED AT
4 THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG
5 THE WEST SIDE OF EL CAMINO REAL IN LOCAL
FACILITIES MANAGEMENT ZONE 24.
6 CASE NAME: TAB ATA 10
CASE NO.: CT06-13
7
WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified
o
9 application with the City of Carlsbad regarding property described as
10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the
City of Carlsbad, County of San Diego, State of California Rec.
11 March 21, 1974 in the Office of the County Recorder of said
San Diego County
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the Planning Department
16
TABATA 10 - CT 06-19, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and
17
WHEREAS, the Planning Commission did, on the 15th day of July, 2009, hold a18
duly noticed public hearing as prescribed by law to consider said request; and
20 WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
22 relating to the Tentative Tract Map.
23
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
24
Commission of the City of Carlsbad as follows:25 y
A) That the foregoing recitations are true and correct.
27 B) That based on the evidence presented at the public hearing, the Commission
APPROVES TABATA 10 - CT 06-13 based on the following findings and
subject to the following conditions:
Findings:
2 1. That the proposed map and the proposed design and improvement of the subdivision as
3 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
4 Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all regulations governing subdivisions and all minimum
requirements of Titles 20 and 21 governing lot sizes and configurations and the
project has been designed to comply with all other applicable regulations including
Title 21 and the Mello II Segment of the Certified Local Coastal Program.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Low-Medium Density (RLM) residential
development on the General Plan, and that the subject property is designated RLM (0-
4 du/ac) and will be developed at a project density (3.03 du/ac) that is within the
I 0 density range.
II 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
12 proposed, in that all required development standards of the R-l zone and Title 21 are
. _ complied with without the need for variances from development standards.
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
15 public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed and conditioned such that there are no conflicts
with established easements and the project is required to dedicate public road and
, utility easements associated with the tentative map.
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
19
6. That the design of the subdivision provides, to the extent feasible, for future passive or
20 natural heating or cooling opportunities in the subdivision, in that lots are oriented in an
east-west alignment for a southern exposure which will allow for passive heating or
cooling opportunities to the extent possible.
22 7. That the Planning Commission has considered, in connection with the housing proposed
23 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
24 resources.
25 8. That the design of the subdivision and improvements are not likely to cause substantial
- environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site is primarily a disturbed former agriculture site and
27 has been designated as a development area by the City of Carlsbad Habitat
Management Plan (HMP), and the project will implement the required mitigation
28 measures contained in the Tabata 10 Mitigation Monitoring and Reporting
Program to mitigate potential impacts to migratory birds.
PC RESO NO. 6605 -2-
9. 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.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
the staff report dated July 15,2009, including, but not limited to the following:
a. Land Use - the subject property is designated RLM (0-4 du/acre with a 3.2
du/acre Growth Management Control Point density). The proposed project (26
lots on 8.57 net acres) has a density (3.03 du/acre) that is within the RLM density
range
10 b. Housing - The project is consistent with the Housing Element of the General
11 Plan and Inclusionary Housing Ordinance as the developer has been conditioned
to purchase 5 credits in a combined inclusionary housing project or provide 5
inclusionary units onsite.
1 ^c. Open Space and Conservation - The project will conform to all NPDES
14 requirements.
15 d. Noise - A project specific noise study for the Tentative Map identified that an
interior noise assessment to determine proper architectural treatments (i.e.,
16 specialized door and window treatments) be required for Lot 1 where the CNEL
exceeds 45 dB(A) at the second story. The remainder of the project site, with the
17 construction of the proposed sound berm, currently meets the interior 45 dB(A)
CNEL and exterior 60 dB(A) CNEL noise standards.
19 e. Public Safety - The project will install new fire hydrants consistent with Public
Safety Requirements.
20
f. Circulation - The project will construct public streets to serve the development
21 and the circulation system is designed to provide adequate access to each of the
proposed lots and complies with all applicable City design standards.
23 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 24 and all City public facility policies and
24 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
25 and treatment; water; drainage; circulation; fire; schools; parks 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.
27
a. The project has been conditioned to provide proof from the Carlsbad Unified
28 School District that the project has satisfied its obligation for school facilities.
PC RESO NO. 6605 -3-
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
2 will be collected prior to issuance of building permit.
3 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
7 public facilities and will mitigate any cumulative impacts created by the project.
8 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 24.
,r, 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).
11
15. The Planning Commission hereby finds that all development in Carlsbad benefits from
12 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad's Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
15 the Open Space and Conservation Element of the City's General Plan which provides for
the realization of the social, economic, aesthetic, and environmental benefits from the
16 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City's
Habitat Management Plan
19
16. The Planning Commission has reviewed each of the exactions imposed on the Developer
20 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
22 „ ..Conditions;
23
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
24 recordation or issuance of a grading permit, whichever occurs first.
25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
25 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
27 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
° issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
PC RESO NO. 6605 -4-
conditions or seek damages for their violation. No vested rights are gained by Developer
2 or a successor in interest by the City's approval of this Tentative Tract Map.
3 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
4 internally consistent and in conformity with the final action on the project. Development
r shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
6
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
7 regulations in effect at the time of building permit issuance.
g
4. If any condition for construction of any public improvements or facilities, or the payment
9 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
10 66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
14 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
16 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
17 including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
I 9 approval is not validated.
20 6. Developer shall implement, or cause the implementation of, the Tabata 10 Project
Mitigation Monitoring and Reporting Program.
21
22 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
23
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
26 9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
27 obligation to provide school facilities.
98zo 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 24 Local Facilities Management Plan and any amendments made to
PC RESO NO. 6605 -5-
that Plan prior to the final map recordation or issuance of a grading permit,
2 whichever occurs first.
3 11. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02,
4 ZC 06-03, SUP 06-08, CDP 06-19 and HDP 07-03 and is subject to all conditions
c contained in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6606,
6607 and 6608 for those other approvals incorporated herein by reference.
6
12. 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
8 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
9 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
10
13. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
12 to wildlife, as documented in the City's Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
13 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
, r determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
16 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
17 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all
approvals for this project shall become null and void.
19
14. Developer Prior to approval of the final map for any phase of this project, or where a map
20 is not being processed, prior to issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase 5
inclusionary housing credits from a combined inclusionary housing project located
22 in the Northwest Quadrant or provide 5 affordable second dwelling units onsite in
accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad
23 Municipal Code. The draft Affordable Housing Agreement shall be submitted to the
Planning Director no later than 60 days prior to the request for the final map. The
24 recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
26 15. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
27 Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.28 F
PC RESO NO. 6605 -6-
16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris. The landscape plan shall include trees,
shrubs, and/or vines of a size and variety that will provide privacy for the Camino
r Hills development occupants adjacent to lots 11, 12, and 13 of the Tabata 10
development.
6
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
7 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.o
9 18. "Prior to removal or damage of any active nests or any tree pruning or removal operations
during the prime nesting season, that being from March 15 to May 30, a certified
10 biologist shall survey the trees to determine if there are any active nests within 500 feet of
the area of tree removal or pruning. If any active nests are located within 500 feet, no tree
pruning or removal operations can occur until the nests are vacated or until the end of the
i /j prime breeding season, whichever occurs later.
13 In addition, prior to any tree removal or pruning operations proposed outside of the prime
nesting season but within the period of January 15 to August 31, a confirmation is
14 required from a certified biologist that no disturbance to active nests or nesting activities
would occur. Documentation from the certified biologist consistent with these
requirements shall be submitted to the Planning Director for review and approval. A note
\ 5 to this effect shall be placed on the construction or grading plans."
17 19. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
j 9 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
20 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
21 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.
23
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
24 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.
26 c. Failure of Association to Maintain Common Area Lots and Easements. In the
27 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
28 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
PC RESO NO. 6605 -7-
written notice to the Association, with a copy thereof to the Owners in the Project,
2 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
3 (30) days from the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association's
Easements within the period specified by the City's notice, the City shall be
c entitled to cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein.
6
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's
Easements, 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
9 or Association's Easements. The City shall provide a copy of such invoice to
each Owner in the Project, together with a statement that if the Association fails to
10 pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
12 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
13 subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
14 means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
the City, the City may levy a special assessment against the Owners of each Lot in
16 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
17 lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
20 accordance with the procedures set forth in Article of this Declaration.
21 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit L.
23 f Aircraft Noise Disclosure: A disclosure shall be included that this property is
subject to overflight, sight and sound of aircraft operating from McClellan-
24 Palomar Airport.
oc 20. 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
27 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.
28
PC RESO NO. 6605 -8-
21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
2 #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
3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 24, 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
c approval will not be consistent with the General Plan and shall become void.
6 22. Developer shall submit a street name list consistent with the City's street name policy
subject to the Planning Director's approval prior to final map approval.
7
23. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.
9
24. Prior to the issuance of the final map or grading permit, whichever occurs first,
10 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
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
12 parties and successors in interest that the City of Carlsbad has issued a GPA 06-04,
LCPA 06-02, ZC 06-03, CT 06-13, SUP 06-08, CDP 06-19 and HDP 07-03 by
13 Planning Commission Resolutions No. 6602, 6603, 6604, 6605, 6606, 6607 and 6608
on the property. Said Notice of Restriction shall note the property description, location of
the file containing complete project details and all conditions of approval as well as any
, <_ conditions or restrictions specified for inclusion in the Notice of Restriction. The
Planning Director has the authority to execute and record an amendment to the notice
16 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
17
25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
20
26. Developer shall post a sign in the sales office in a prominent location that discloses which
21 special districts and school district provide service to the project. Said sign shall remain
22 posted until ALL of the units are sold.
23 27. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
24 may be subject to noise impacts from the El Camino Real Transportation Corridor, in a
form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
26
28. Prior to the recordation of the first final tract map or the issuance of building permits,
27 whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
PC RESO NO. 6605 -9-
1
2 29. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
3 approved by the Planning Director (see Noise Form #3 on file in the Planning
Department.
4
,- 30. Prior to the issuance of building permits, an interior noise assessment to determine
proper architectural treatments (i.e., specialized door and window treatments) shall
6 be required for all project lots where the CNEL exceeds 60 dBA at the second story
(as identified by Investigative Science and Engineering in the acoustical site
7 analysis: Tabata TPM Residential Development - Carlsbad, CA, ISE Report #06-
021, 7/26/07).
o
9 31. The future development of CT 06-13 with single-family residential structures shall
require the processing of a Scenic Corridor Special Use Permit and compliance with
10 the El Camino Real Corridor Development Standards (including maximum building
height) unless each lot is developed individually.
12 ire:
13 32. Based on a review of the tentative tract map, for lots where future homes will
provide less than ten feet of separation (eave-to-eave), automatic fire sprinklers shall
14 be required and water meter services shall be W3A. A note to this effect shall be
added to the final map, and compliance with this requirement shall be demonstrated
on any future submittal that requests approval for homes on this tentative tract
16
17 Engineering;
1 8° 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 or Grading Permit whichever occurs first.
20
General
21
33. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
23 for the proposed haul route.
24 34. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of
the Site Plan, Conceptual Grading Plan, and Preliminary Utility Plan reflecting the
conditions approved by the final decision making body. The reproducible shall be
submitted to the Planning Director, reviewed and, if acceptable, signed by the City's
project engineer and project planner prior to submittal of the building plans, improvement
27 plans, grading plans, or final map, whichever occurs first.
28 35. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
PC RESO NO. 6605 -10-
private improvements within this subdivision, including but not limited to street trees,
2 pedestrian walkway, landscaping, and water quality treatment measures, low impact
development features, storm drain facilities, etc. located therein and to distribute the costs
3 of such maintenance in an equitable manner among the owners of the properties within
this subdivision.
4
t- 36. There shall be one Final Map recorded for this project.
6 37. Developer shall install sight distance corridors at all street intersections in accordance
with City Engineering Standards.
7
38. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall
submit to the City Engineer written approval from North County Transit District (NCTD)
9 demonstrating mass-transit improvement requirements for this project have been
satisfied.
10
Fees/Agreements
,~ 39. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
13
40. Developer shall cause property owner to execute and submit to the City Engineer for
14 recordation the City's standard form Drainage Hold Harmless Agreement.
41. Developer shall cause property owner to process, execute and submit an executed copy to
16 the City Engineer for recordation a City standard Permanent Storm water Quality Best
Management Practice Maintenance Agreement for the perpetual maintenance of all
17 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,
1 ° or the recordation of a Final Map, whichever occurs first for this Project.
19 42. Developer shall cause property owner to execute, and submit to the City Engineer for
20 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:
21
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
23 property owner; and
C. State that all future use of the property along the drainage course will not restrict,
24 impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public
2^ nuisance.
26 43. Prior to approval of any grading or building permits for this project, Developer shall
27 cause Owner to give written consent to the City Engineer for the annexation of the area
shown within the boundaries of the subdivision into the existing City of Carlsbad Street
28 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
PC RESO NO. 6605 -11-
additional Street Lighting and Landscaping District. Said written consent shall be on a
2 form provided by the City Engineer.
3 44. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Street Tree Maintenance Agreement.
4
c Grading
6 45. 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
7 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.8
9 46. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
shall pay all applicable grading permit fees per the City's latest fee schedule and shall
10 post security per City Code requirements.
1 47. 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
City Engineer, a temporary grading, construction or slope easement or agreement from
13 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
14 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
substantial conformance and/or consistency determination from both the City Engineer
1 6 and Planning Director.
17 48. Developer shall comply with the City's Storm water Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
1 ° but are not limited to pollution treatment practices or devices, erosion control to prevent
, o silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
20 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or
storm water conveyance system to the maximum extent practicable. Developer shall
21 notify prospective owners and tenants of the above requirements.
22 49. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
23 receipt of a Notice of Intention from the State Water Resources Control Board.
24 50. 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
25 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
~/- 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
27 address measures to reduce to the maximum extent practicable storm water pollutant
runoff during construction of the project.
28
PC RESO NO. 6605 -12-
51. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
2 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
3 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
4
t- 52. 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
6 the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
7 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
(Storm water Management Strategies). LID techniques include, but are not limited to:
9 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
10
Dedications/Improvements
, 2 53. Developer shall cause Owner to dedicate to the City easements for public street & public
utility and storm drain purposes and a 10 feet wide pedestrian access easement for the
13 proposed pedestrian ramp on lot 27 as shown on the Tentative Map. The offer shall be
made by a certificate on the Final Map. All land so offered shall be free and clear of all
14 Hens 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 the City Engineer.
16
54. Developer shall prepare and process public improvement plans and, prior to City
17 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 as shown on the Tentative Map. Said improvements shall be
, o installed to City Standards to the satisfaction of the City Engineer. These improvements
include, but are not limited to:
20
a) Street, potable water, sewer, storm drain, and storm water quality treatment
21 devices within Carnino Hills drive and proposed public streets serving this
project as shown on the Tentative Map.
23 b) Half street improvements to El Camino Real completing this portion of
roadway along the frontage of this project. Improvements include but are not
24 limited to: AC Paving, base, sidewalk, curb, gutter, median, landscaping and
utilities, sewer, water and storm drain services to serve this project.
•" Additional improvements and offsite transitions may be required to
2/- transition to adjacent improvements.
27 Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
28 subdivision or development improvement agreement or such other time as provided in
said agreement.
PC RESO NO. 6605 -13-
Non-Mapping Notes
2 55. Add the following notes to the Final Map as non-mapping data:
3
A) Developer has executed a City standard Subdivision Improvement Agreement to
install and has posted security in accordance with C.M.C. Section 20.16.070 for
<- public improvements as shown on the Tentative Map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These
6 improvements include, but are not limited to:
7 a. Street, potable water, sewer, storm drain, and storm water quality treatment
devices within Camino Hills drive and proposed public streets serving this
project as shown on the Tentative Map.
9
b. Half street improvements to El Camino Real completing this portion of
10 roadway along the frontage of this project. Improvements include but are not
limited to: AC Paving, base, sidewalk, curb, gutter, median, landscaping and
utilities, sewer, water and storm drain services to serve this project.
, ^ Additional improvements and offsite transitions may be required to
transition to adjacent improvements.
13
B) No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
14 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 standards.
C) 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
17 arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
1 ° drainage system or other improvements identified in the City approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the City approved development plans.
20
D) Building permits will not be issued for development of the subject property unless the
21 appropriate agency determines that sewer and water facilities are available.
22 E) Geotechnical Caution:
23 1) Slopes steeper than two parts horizontal to one part vertical exist within the
24 boundaries of this subdivision.
2) 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 subsidence and subsequent damage that may occur on, or adjacent to,
27 this subdivision due to its construction, operation or maintenance.
28
PC RESO NO. 6605 -14-
1 Utilities
2
56. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
3 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
^ public water mains to the satisfaction of the District Engineer.
57. Developer shall design and construct public facilities within public right-of-way or within
6 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the
discretion of the District or City Engineer, wider easements may be required for adequate
7 maintenance, access and/or joint utility purposes.
Q
58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
9 for connection to public facilities.
10 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
* 1 Department for processing and approval by the District Engineer.
12 60. Developer shall install potable water and/or recycled water services and meters at
13 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
14
61. The Developer shall install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
16
62. The Developer shall design and construct public water, sewer, and recycled water
17 facilities substantially as shown on the Tentative Map to the satisfaction of the District
Engineer and City Engineer.
18
, Q 63. The Developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
20
Code Reminders:
21
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
23 64. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
24 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map
2-> are for planning purposes only.
76 65. This tentative map shall expire three years from the date on which the City Council voted
27 to approve this application.
28 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.
PC RESO NO. 6605 -15-
67. Developer shall pay a landscape plan check and inspection fee as required by Section
2 20.08.050 of the Carlsbad Municipal Code.
3 68. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
4
e- 69. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
6 permit issuance, except as otherwise specifically provided herein.
7 70. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
9
NOTICE10
1i Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
12 "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
15 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
16 annul their imposition.
17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
10 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
19 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
20 expired.
21
22
23
24
25
26
27
28
PC RESO NO. 6605 -16-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
MARTELL B. MONTGO^ltKY, Ur£jperson
CARLSBAD PLANNING COMMISSION
ATTEST:
^L /igfrt
DON NEU
Planning Director
PC RESO NO. 6605 -17-