HomeMy WebLinkAbout2009-08-05; Planning Commission; Resolution 6619PLANNING COMMISSION RESOLUTION NO. 6619
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 06-15 TO SUBDIVIDE 2.9 ACRES
3 INTO EIGHT LOTS (5 RESIDENTIAL LOTS AND 3 OPEN
SPACE LOTS) ON PROPERTY GENERALLY LOCATED ON
4 THE NORTH SIDE OF POINSETTIA LANE AT THE
, WESTERNMOST TERMINUS OF LEMON LEAF DRIVE
WITHIN THE MELLO II SEGMENT OF THE LOCAL
6 COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 20.
7 CASE NAME: TABATA RANCH
CASE NO.: CT06-15 .8
9 WHEREAS, Noboru & Evelyn Tabata, "Developer/Owner," has filed a verified
10 application with the City of Carlsbad regarding property described as:
11 Parcel 1A:
12 That portion of the east 264.14 feet of the west 1A of the
13 northeast 1A of the northeast % of Section 28, Township 12
south, Range 4 west, San Bernardino Base and Meridian, in
14 the County of San Diego, State of California, according to
official plat thereof, lying northerly of the north line of the
^ south 15 acres of said west 1A;
Excepting from the above east 264.14 feet of said land, the
17 south 184.47 feet thereof;
18 Also excepting the east 28.00 feet and the north 30.00 feet
thereof;
20 Parcel IB:
21 The northerly 30.00 feet of the easterly 264.14 feet of the west
1A of the northeast % of the northeast % of Section 28,
22 Township 12 south, Range 4 west, San Bernardino Base and
_» Meridian, in the County of San Diego, State of California,
according to United States Government Survey, together with
24 that portion of the easterly 28.00 feet of said west 1A lying
northerly of the northerly line of the southerly 15.00 acres of
25 said west 1A\
9 f\Excepting from said easterly 28.00 feet, the northerly 30.00 feet
27 and southerly 184.47 feet thereof;
28 Parcel 2:
The southerly 184.47 feet of that portion of the easterly 264.14
feet of the westerly 1A of the northeast % of the northeast 1A of
the Section 28, Township 12 south, Range 4 west, San
2 Bernardino Meridian, in the County of San Diego, State of
California, according to the official plat thereof, lying
3 northerly of the northerly line of the southerly 15 acres of said
west
r Excepting therefrom;
6 That portion of Section 28, Township 12 south, Range 4 west,
San Bernardino Meridian, in the City of Carlsbad, County of
7 San Diego, California, described as follows:
o
Commencing at the northeast corner of said section; thence
9 south 00° 34' 18" west 111.22 feet along the east line of said
section, thence south 72° 47' 00" west 389.27 feet to the
10 beginning of a tangent curve concave southeasterly, having a
radius of 1651.00 feet; thence southwesterly along said curve
339.30 feet through a central angle of 11° 46' 30" to a point of
_ the easterly line of the land conveyed to Marvin and Margaret
Penelope Porter by deed recorded September 3, 1986 as
13 Document No. 86-385614 of official records, being the south
184.47 feet of the east 264.14 feet of the north 5 acres of the
14 west l/2 of the northeast % of the northeast % of said section, a
radial line of said curve to said point bears north 28° 59' 30"
west; said point also being the point of beginning of this
,/- description; thence continuing southwesterly along said curve
53.61 feet through central angle of 01° 51' 37" to a point on the
17 northerly line of the south 15.00 acres of the west Vi of said
northeast % of the northeast %; thence south 89° 03' 23" east
1 8 along said northerly line of 46.21 feet to said easterly line of the
land herein described; thence north 00° 32' 47" east along said
easterly line 27.50 feet to the point of beginning of this
20 description;
21 ParcelS:
22 Lot 35, City of Carlsbad Tract No. CT 98-14-02, in the City of
„_ Carlsbad, County of San Diego, State of California, according
to map thereof No. 14773, filed in the Office of the County
24 Recorder of San Diego County, April 29, 2004, and Certificate
of Correction recorded September 14, 2006 as Instrument No.
25 2006-0655516 of official records
26 ("the Property"); and
27 WHEREAS, said verified application constitutes a request for a Tentative Tract
28
Map as shown on Exhibits "A" - "I" dated August 5, 2009, on file in the Planning Department
PCRESONO. 6619 -2-
1 TABTATA RANCH - CT 06-15, as.provided by Chapter 20.12 of the Carlsbad Municipal
2
Code; and
3
WHEREAS, the Planning Commission did, on August 5, 2009, hold a duly
4
<- noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
7 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
o relating to the Tentative Tract Map.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
10
Commission of the City of Carlsbad as follows:
11
A) That the foregoing recitations are true and correct.
13 B) That based on the evidence presented at the public hearing, the Commission
APPROVES TABATA RANCH - CT 06-15, based on the following findings
14 and subject to the following conditions:
Findings:
That the proposed map and the proposed design and improvement of the subdivision as
17 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
18 Subdivision Map Act, and will not cause serious public health problems, in that the
project implements the goals and policies of the General Plan as discussed in the
staff report; is consistent with all the minimum requirements of Titles 20 and 21
2Q governing lot size and configuration; and the project has been designed to comply
with all applicable City regulations, including the Zone 20 Specific Plan.
21
2. That the proposed project is compatible with the surrounding future land uses since
22 surrounding properties are designated for residential development on the General Plan,
and are developed with detached single-family residential development of
comparable densities and lot sizes.
24
That the site is physically suitable for the type and density of the development since the
25 site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
the applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
28 4. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
PCRESONO. 6619 -3-
that concurrent with recordation of the final map, the developer will vacate and
2 adjust any easements that conflict with proposed development.
3 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
4
- 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
5 against the public service needs of the City and available fiscal and environmental
resources.
7
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
o habitat, in that the 2.9-acre project site is considered extensively disturbed and is
surrounded on all sides by urban development; the site is identified by the City of
10 Carlsbad's Habitat Management Plan (HMP) as "Development Area", and is not
located adjacent to or near any "Standards Area" or "Existing/Proposed Hardline
11 Preserve Areas"; the site does not support any native or wetland habitats as
identified by the City of Carlsbad's HMP, and no natural drainage areas were
observed on the project site or within the vicinity.
13
8. That the discharge of waste from the subdivision will not result in violation of existing
14 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with City's Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protection,
i f to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan
(SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California
17 Regional Water Quality Control Board and with the City of Carlsbad Municipal
Code.
18
9. 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
2Q the staff report dated August 5, 2009 including, but not limited to the following:
21 a. Land Use - The existing General Plan Land Use designation for the site is
Residential Medium Density (RM). The RM designation allows for the
22 development of single-family, two-family, and/or multiple-family residential
__ dwellings within a density range of 4-8 dwelling units per acre (du/ac) with a
Growth Management Control Point (GMCP) of 6 du/ac. The project site has a
24 net developable area of 2.9 acres. At the RM GMCP, the site would yield 17.4
dwelling units. However, development of the site in a manner that would
25 accommodate this number of dwelling units would 1) require a significant
amount of grading to the site, which would be inconsistent with the City's
2° Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) would require
27 a higher density residential product type (i.e., attached or multiple-family),
which would not be as compatible with the existing surrounding single-family
28 homes that are developed at RLM densities (0-4 du/ac) on lots ranging in size
from 10,585 square feet to 30,150 square feet. Therefore, given the topographic
constraints of the site combined with the existing surrounding single-family
PCRESONO. 6619 -4-
residential projects that are developed at lower densities, the project applicant is
2 proposing to change the General Plan Land Use designation of the site from RM
to Residential Low-Medium Density (RLM, 0-4 du/ac) and develop the property
3 with more compatible single-family lots at a similar density as the surrounding
single-family development. As such, the resultant project density is 1.7 du/ac,
4 which is 12.4 dwelling units below the RM GMCP and 6.6 dwelling units below
r the bottom of the RM density range, but within the RLM density range (0-4
du/ac) and below the RLM GMCP of 3.2 du/ac.
6
Pursuant to Government Code Section 65863, the City may not reduce the
7 residential density on any parcel below that which was used by the California
Department of Housing and Community Development in determining
compliance with Housing Element law, unless the City makes the findings that
p the reduction of residential density is consistent with the adopted General Plan,
including the Housing Element, and that the remaining sites identified in the
10 Housing Element are adequate to accommodate the City's share of the regional
housing need pursuant to Government Code Section 65584.
The GMCP is used for the purpose of calculating the City's compliance with
Government Code Section 65863. However, consistent with Program 3.8 of the
13 City's certified Housing Element, all of the dwelling units, which were
anticipated toward achieving the City's share of the regional housing needs that
14 are not utilized by developers in approved projects, will be deposited into the
City's Excess Dwelling Unit Bank. This project will deposit 12.4 dwelling units
•* into the City's Excess Dwelling Unit Bank, and these excess dwelling units will
i f then be available for allocation to other projects. Accordingly, there is no net
loss of residential unit capacity and there are adequate properties identified in
17 the Housing Element allowing residential development with a unit capacity,
including second dwelling units, adequate to satisfy the City's share of the
18 regional housing need. In addition, both the RLM and RM Land Use
designations have density ranges suitable for housing for above-moderate
income households according to the City of Carlsbad's Housing Element. The
20 proposed project density at 1.7 du/ac is consistent with the proposed RLM (0-4
du/ac) General Plan Land Use designation. While the proposed General Plan
21 Land Use designation change from RM to RLM and the proposed subdivision
will result in 12.4 dwelling units less than that anticipated by the Housing
-- Element, the City has adequate land available in the above-moderate land use
-- density categories to adequately accommodate the City's share of the regional
housing needs for the above-moderate income group pursuant to Government
24 Code Section 65584.
25 b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve
the development will be dedicated and constructed prior to, or concurrent with,
" site development. The proposed circulation system is designed to provide access
27 to each of the proposed lots and complies with all applicable City design
standards.
28
c. Housing - The project has been conditioned to pay an affordable housing in-Iieu
fee per lot in order to provide their proportional share of affordable housing.
PCRESONO. 6619 -5-
d. Noise - An Acoustical Site Assessment was prepared for the project. According
2 to the report, the project site is impacted by traffic noise originating from
Poinsettia Lane. No exterior mitigation is required since all proposed noise
3 sensitive areas will not exceed the residential exterior noise standard threshold
of 60 dB(A) CNEL. However, the project has been conditioned in the form of
mitigation measures to require an interior noise analysis prior to the issuance of
<- building permits for the construction of any future homes on Lots 3, 4, & 5 to
ensure compliance with the interior noise standard of 45 dB(A) CNEL.
6
10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
7 Facilities Management Plan for Zone 20 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
10 project will be installed to serve new development prior to or concurrent with need.
Specifically,
11
a. The project has been conditioned to provide proof from the Carlsbad
12 Unified School District that the project has satisfied its obligation for
school facilities.
14 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44,
and will be collected prior to issuance of building permit.
15
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.
17 11. The project has been conditioned to pay any increase in public facility fee, or new
18 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
~~ public facilities and will mitigate any cumulative impacts created by the project.
21 12. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
22
13. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
24 created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the Growth Management
25 performance standards are contained within the Zone 20 LFMP and the project will
comply with the general and special conditions of the zone, and that there have been
26 previous developments approved in the Zone 20 Specific Plan that have provided
the necessary infrastructure to serve the project.
2g 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).
PCRESONO. 6619 -6-
15. The Planning Commission hereby finds that all development in Carlsbad benefits from
2 the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
3 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
<- 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
5 preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
7 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.
9 16. The Planning Commission of the City of Carlsbad does hereby find:
10
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for
TAB ATA RANCH - GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-
15/CDP 06-22/HDP 06-05, the environmental impacts therein identified for this
13 project and any comments thereon prior to RECOMMENDING APPROVAL of
the project; and
14
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements
of the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
17
c. it reflects the independent judgment of the Planning Commission of the City of
18 Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the
20 project will have a significant effect on the environment.
21 17. 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
22 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.
24 Conditions:
25 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.
26
27 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
28 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
PCRESONO. 6619 -7-
issued under the authority of approvals herein granted; record a notice of violation on the
2 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
3 or a successor in interest by the City's approval of this Tentative Tract Map.
4 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
internally consistent and in conformity with the final action on the project. Development
6 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
7
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.
9 4. If any condition for construction of any public improvements or facilities, or the payment
10 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
11 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
with all requirements of law.
13
5. Developer shall implement, or cause the implementation of, the TAB ATA RANCH -
14 GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05
Project Mitigation Monitoring and Reporting Program.
, f 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
17 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
18 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
2Q (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
21 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
22 approval is not validated.
23 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
24 the Tentative Map reflecting the conditions approved by the final decision-making body.
25 8. 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
" obligation to provide school facilities.
27 9. This project shall comply with all conditions and mitigation measures which are required
28 as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
PCRESONO. 6619 -8-
10. This approval is granted subject to the approval of the Mitigated Negative Declaration
2 and Mitigation Monitoring and Reporting Program and Addendum, GPA 07-05,
ZC 06-04, SP 203(C), LCPA 06-03, CDP 06-22, and HDP 06-05 and is subject to all
3 conditions contained in Planning Commission Resolutions No. 6614, 6615, 6616, 6617,
6618, 6620, and 6621 for those other approvals incorporated herein by reference.
4
, 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
6 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
7 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.8
o 12. Developer shall pay the city wide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
10 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
11 Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
13 13. Developer shall report, in writing, to the Planning Director within 30 days, any address
14 change from that which is shown on the permit application.
'5 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
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
17 parties and successors in interest that the City of Carlsbad has issued a Tentative Tract
Map by Resolution No. 6619 on the property. Said Notice of Restriction shall note the
18 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
2Q an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
21
15. Developer shall submit and obtain Planning Director approval of a Final Landscape and
22 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and
24 thriving condition, free from weeds, trash, and debris.
25 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
2" project's building, improvement, and grading plans.
27 17. Developer shall establish a homeowner's association and corresponding covenants,
28 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
permit, the Developer shall provide the Planning Department with a recorded copy of the
PCRESONO. 6619 -9-
official CC&Rs that have been approved by the Department of Real Estate and the
2 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
3 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
4 of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
6 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
7 within 30 days for the official record.
8 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
a that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
10 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
11 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
13 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
14 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.
d. Special Assessments Levied by the City. In the event the City has performed the
17 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
18 City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
Project, together with a statement that if the Association fails to pay such invoice in
2Q 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
21 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,
22 payment shall be deemed delinquent and shall be subject to a late charge in an
9_ amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at
24 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
25 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
2° on the land and shall be a continuing lien upon each Lot against which the special
27 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
28 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.
PCRESONO. 6619 -10-
e. Landscape Maintenance Responsibilities. The owners association and individual lot
2 or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit
3 „
f. Aircraft Noise Disclosure: Disclosure shall be included that this property is
subject to overflight, sight, and sound of aircraft operating from McClellan-
<- Palomar Airport.
6 g. Recreational Vehicle (RV) Storage: The storage of RV's shall be prohibited
within the required front yard setback.
7
18. Prior to the approval of a final map the Developer shall pay to the City an inclusionary
housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the
n amount in effect at the time, as established by City Council Resolution from time to time.
10 19, This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City's Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
13 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
14 determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
, r recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
17 the City's Habitat Management Plan (HMP) and the biological study (e2M, dated
March 6, 2008), for impacts to 0.9 acres of Group-F habitat (i.e., Disturbed Lands).
18 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.
20 20, Developer shall submit a street name list consistent with the City's street name policy
21 subject to the Planning Director's approval prior to final map approval.
22 21. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
24 then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
25 existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
28
22. 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
PCRESONO. 6619 -11-
may be subject to noise impacts from the existing Poinsettia Lane Transportation
2 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).
3
23. 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
<- 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
6 (see Noise Form #2 on file in the Planning Department).
7 24. Developer shall provide a minimum of 25 percent of the lots (2 Lots) with adequate
sideyard area for Recreational Vehicle storage pursuant to City Standards and the Zone
20 Specific Plan. The CC&Rs shall prohibit the storage of recreational vehicles in the
required front yard setback.
10 25. Developer shall dedicate, on the final map, an open space easement for those portions of
Lots 6, 7, and 8 which are (in slopes, wetlands, coastal sage scrub, or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) to prohibit
any encroachment or development, including but not limited to fences, walls, decks,
storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibit(s) "A" -
13 "I" dated August 5, 2009.
14 Engineering:
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.
17
General
18
26. 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
20 for the proposed haul route.
21 27. 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
22 determined that adequate water and sewer facilities are available at the time of permit
issuance.
,~4 28. 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
25 private improvements within this subdivision, including but not limited to private water
quality treatment measures, low impact development features, storm drain facilities,
26 landscaping, landscape irrigation 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.
28 29. There shall be one Final Map recorded for this project.
PCRESONO. 6619 -12-
30. Developer shall install sight distance corridors at all street intersections and driveways in
2 accordance with City Engineering Standards.
3 Fees/Agreements
4 31. 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.
5 32. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
7
33. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
o Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
10 Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a finalmap, whichever occurs first for this Project.
11
34. 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
13 proposed cross lot drainage as shown on the tentative map. The deed restriction
document shall:
14
A. Clearly delineate the limits of the drainage course; and
15 B. State that the drainage course is to be maintained in perpetuity by the underlying
, s property owner; and
C. State that all future use of the property along the drainage course will not restrict,
17 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 nuisance.
18
35. 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
2Q map for this project, Developer shall cause Owner to execute an Agreement to annex the
subject property into City of SL&LD #2. The Agreement shall be in a form approved by
21 the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
22
23 Grading
24 36. Based upon a reyiew 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
25 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.26
~7 37. 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
28 post security per City Code requirements.
38. This project may require off site grading. No grading for private improvements shall
PCRESONO. 6619 -13-
occur outside the project unless Developer obtains, records, and submits a recorded copy,
2 to the 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
3 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
4 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
and Planning Director.
6
39. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
7 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
o educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
10 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
11
40. 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.
13 41. Prior to the issuance of grading permit or building permit, whichever occurs first,
14 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
* 5 and provisions established by the San Diego Region of the California Regional Water
16 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
17 runoff during construction of the proj ect.
18 42. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
19 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
2Q Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
21
43. Developer shall incorporate Low Impact Development (LID) design techniques, on all
22 fmal 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
24 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
25 (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
2" volume, peak flow rate, velocity and pollutants.
27 44. Developer shall submit documentation, subject to City Engineer approval, demonstrating
28 how this project complies with Interim Hydromodification requirements per the City's
SUSMP, latest version. Documentation shall be included within the Storm Water
Management Plan (SWMP).
PCRESONO. 6619 -14-
45. Developer shall comply with San Diego Regional Water Quality Control Board
2 Resolution R9-2007-0104 regarding off-site disposal of soil. This requirement shall
be noted on the grading plan.
3
Dedications/Improvements4
- 46. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of
easement for private sewer and drainage purposes as shown on the tentative map.
5 Developer shall pay processing fees per the City's latest fee schedule.
7 47. Developer shall cause Owner to make an application to the City for the acceptance
of a portion of the existing Irrevocable Offer of Dedication per Map 14773 as shown
on the tentative map. The acceptance shall be made by a certificate on the final
o map. All land so accepted shall be free and clear of all liens and encumbrances and
without cost to the City. Additional easements may be required at final design to
10 the satisfaction of the City Engineer.
11 48. Developer shall cause the Owner to make an application to the City for the vacation
of a portion of the existing slope, landscape, landscape irrigation, and maintenance
easements along and adjacent to Poinsettia Lane, as shown on the tentative map to
13 the satisfaction of the City Engineer. The value of the easement area to be vacated
by the City shall be determined in a manner satisfactory to the City Engineer, and
14 shall be paid by the developer.
15 49. Developer shall cause Owner to dedicate easements to the City and/or other appropriate
, , entities for the public street, public utility, and public drainage purposes as shown on the
tentative map. The offer shall be made by a certificate on the final map. All land so
17 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
18 may be required at final design to the satisfaction of the City Engineer.
50. Developer shall design the private drainage systems, as shown on the tentative map to the
2Q 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
21 plan check and inspection fees for private drainage systems.
22 51. Developer shall prepare and process public improvement plans and, prior to City
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
24 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
25 include, but are not limited to:
2" A. Street improvements.
27 B. Water facilities
C. Sewer facilities
28 D. Reclaimed water facilities.
E. Storm drain facilities
F. Streetlights
PCRESONO. 6619 -15-
Developer shall pay the standard improvement plan check and inspection fees.
2 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
3 said agreement.
4 52. Developer shall cause Owner to waive direct access rights on the final, map for all lots
<- abutting Poinsettia Lane.
5 53. Developer shall provide all-weather maintenance access roads to the public drainage
facilities (e.g.: headwalls, rip-rap field, etc.) and to public water facilities (e.g.: lines,
7 valves, air vents, etc.) for this project to the satisfaction of the City Engineer. Where
maintenance access roads are not practical and/or permitted, Developer shall incorporate
low-maintenance design features to the satisfaction of the City Engineer.
9 Non-Mapping Notes
10
54. Add the following notes to the final map as non-mapping data:
11
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
13 improvements shown on the tentative map. These improvements include, but are not
limited to:
14
1) Street improvements
l-> 2) Water facilities
, f- 3) Sewer facilities
4) Reclaimed water facilities
17 5) Storm drain facilities
6) Streetlights
18
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
20 C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
21 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.
22
D. 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
24 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
25 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
2° improvements identified in the City approved development plans.
27 Utilities
28
55. 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
PCRESONO. 6619 -16-
hydrants, if proposed, shall be considered public improvements and shall be served by
2 public water mains to the satisfaction of the District Engineer.
3 56. Developer shall design and construct public facilities within public right-of-way or
within 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 maintenance, access and/or joint utility purposes.
5 57. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
7
58. 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
Department for processing and approval by the District Engineer.
10 59. Developer shall install potable water and/or recycled water services and meters at
locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
12 60. The Developer shall install sewer laterals and clean-outs at locations approved by the
13 City Engineer. The locations of sewer laterals shall be reflected on public improvement
plans.
14
61. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District
,, Engineer and City Engineer.
17 62. The Developer shall provide separate potable water meters for each separately owned
unit within this subdivision.
18
Code Reminders;
2Q The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
21
63. This tentative map shall expire three years from the date on which the Planning
22 Commission voted to approve this application.
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
25 are for planning purposes only.
2" 65. 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.
28 66. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
PCRESONO. 6619 -17-
67. Approval of this request shall not excuse compliance with all applicable sections of the
2 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
3
68. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
6 Code Section 18.04.320.
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.
NOTICE10
,1 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
13 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
i f follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
16
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
17 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
19 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 5, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Boddy, Dominguez, Douglas, L'Heureux,
Nygaard, and Chairperson Montgomery
ABSENT: Commissioner Baker
ABSTAIN:
MARTELTB. MONTGOMERY,
CARLSBAD PLANNING COMMl
ATTEST:
rperson
ION
DQNNEU /
Planning Director
PCRESONO. 6619 -19-