HomeMy WebLinkAbout2009-08-19; Planning Commission; Resolution 65691 PLANNING COMMISSION RESOLUTION NO. 6569
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 08-01 TO ALLOW THE
4 DEVELOPMENT OF AN EIGHT UNIT MULTI-FAMILY
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A
.75-ACRE INFILL SITE GENERALLY LOCATED ON THE
6 NORTH SIDE OF LA COSTA AVENUE BETWEEN
GIBRALTAR STREET AND ROMERIA STREET, IN LOCAL
7 FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA VIEWS
8 CASE NO.: CT 08-01
9 WHEREAS, Legacy Development, LLC, "Owner/Developer," has filed a
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verified application with the City of Carlsbad regarding property described as
Lots 406 and 407 of La Costa South Unit No. 5, in the City of
Carlsbad, County of San Diego, State of California, according
13 to Map Thereof No. 6600, filed in the office of the County
Recorder of San Diego County on March 10,1970
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("the Property"); and
I,- WHEREAS, said verified application constitutes a request for a Tentative Tract
17 Map as shown on Exhibits "A" - "N" dated August 19, 2009, on file in the Planning
18 Department LA COSTA VIEWS - CT 08-01, as provided by Chapter 20.12 of the Carlsbad
19 Municipal Code; and
20 WHEREAS, the Planning Commission did, on August 19, 2009, hold a duly
21
noticed public hearing as prescribed by law to consider said request; and
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_- WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Tentative Tract Map.
26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27 Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 APPROVES LA COSTA VIEWS - CT 08-01, based on the following findings
and subject to the following conditions:
3 Findings:
4 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
airspace condominium units created through the tentative map satisfy all the
7 minimum requirements of Title 20 and have been designed to comply with other
applicable regulations including the Planned Development Ordinance, Hillside
° Development Regulations, Growth Management Ordinance, the Residential High
Density (RH) General Plan Land Use designation, and the Residential Density-
Multiple (RD-M) Zone.
10 2. That the proposed project is compatible with the surrounding future land uses since
11 surrounding properties are designated for Residential High Density (RH) development
on the General Plan, in that the adjacent uses have either been developed as such or
are zoned for such development.
3. That the site is physically suitable for the type and density of the development since the
14 site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed eight-unit multi-
15 family development while complying with all applicable development standards.
16 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
17 public at large, for access through or use of property within the proposed subdivision, in
, o that no existing easements exist on the site and no additional right-of-way is
necessary.
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5. That the property is not subject to a contract entered into pursuant to the Land
20 Conservation Act of 1965 (Williamson Act).
21 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
in an east-west alignment for southern exposure to take advantage of shade or
23 prevailing breezes.
24 7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
25 against the public service needs of the City and available fiscal and environmental
resources.
„_ 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
2g habitat, in that the project site has low value as habitat for endangered, rare or
threatened species. As identified in a Biological Report for this property (prepared
by REC Consultants, Inc. dated April 2008), the project site is predominately
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graded and undeveloped (disturbed) with native coastal sage scrub vegetation
2 located on the steep downward slope. The coastal sage scrub habitat is comprised of
low, soft-woody subshrubs and is 0.24 acres in size. This scrub vegetation is of low
3 habitat value, being isolated on the property and surrounded by development on all
sides. Although the project will impact this native habitat, the impact has already
been analyzed, anticipated, and authorized by the City of Carlsbad Habitat
<- Management Plan (HMP). The native habitat being impacted by this project is not
a part of, or of any biological value to the HMP citywide habitat preserve system,
5 will not jeopardize the existence or survival of any rare, threatened or endangered
plant or animal species, and the impact will be mitigated through the payment of
7 habitat in lieu mitigation fees in accordance with the adopted HMP.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
10 protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
11 System (NPDES) requirements.
12 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 August 19, 2009 including, but not limited to the following: The
14 RH Land Use designation allows for the development of two-family and multiple-
family residential units within a density range of 15 - 23 dwelling units per acre
15 (du/ac) and at a Growth Management Control Point (GMCP) of 19 du/ac. At the
RH GMCP, 8.93 dwelling units (9 units when rounded up) would be permitted on
this 0.47 net developable acre property. The new 8-unit project has a proposed
17 density of 17.02 du/ac, which is within the RH density range of 15 - 23 du/ac, but is
0.93 dwelling units below the GMCP of 19 du/ac. The GMCP is used for the
18 purpose of calculating the City's compliance with Government Code Section 65863
(Discussed below). However, consistent with Program 3.8 of the City's certified
19 Housing Element, all of the dwelling units, which were anticipated toward achieving
the City's share of the regional housing needs that are not utilized by developers in
approved projects, will be deposited in the City's Excess Dwelling Unit Bank. This
project will deposit 0.93 dwelling units into the Dwelling Unit Bank and these excess
dwelling units are then available for allocation to other projects. Accordingly, there
22 is no net loss of residential unit capacity and there are adequate properties
identified in the Housing Element allowing residential development with a unit
23 capacity, including second dwelling units, adequate to satisfy the City's share of the
^ . regional housing need.
25 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 6 and all City public facility policies and
26 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
2' 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.
Specifically,
PC RESO NO. 6569 -3-
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a. The project has been conditioned to provide proof from the San Dieguito High
2 School and Encinitas Union School District that the project has satisfied its
obligation for school facilities.
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b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
6 collected prior to the issuance of building permit.
7 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
0 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.
10 13. This project has been conditioned to comply with any requirement approved as part of the
11 Local Facilities Management Plan for Zone 6.
12 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).
15. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
15 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (the project is
16 consistent with the General Plan as well as with the Zoning Ordinance, the project
site is within the City limits, is less than 5 acres in size, and is surrounded by urban
uses; there is no evidence that the site has value as habitat for endangered, rare, or
threatened species; approval of the project will not result in significant effects
relating to traffic, noise, air quality, or water quality; and the site can be adequately
19 served by all required utilities and public services) of the state CEQA Guidelines. In
making this determination, the Planning Director has found that the exceptions listed in
20 i Section 15300.2 of the state CEQA Guidelines do not apply to this project.
16. The Planning Commission has reviewed each of the exactions imposed on the Developer
~~ contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
23 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 grading,
building, or final map, whichever occurs first.
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
PC RESO NO. 6569 -4-
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.
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
5 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
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
Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
14 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
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
17 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
18 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
2Q approval is not validated.
21 6. 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.
22
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
24 format.
25 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Dieguito Union High and Encinitas Union 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 6 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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10. This approval is granted subject to the approval of PUD 08-01 and HDP 08-01 and is
2 subject to all conditions contained in Planning Commission Resolutions No. 6570 and
6571 for these other approvals incorporated herein by reference.
3
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
<- 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
5 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
7
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
10 Local Facilities Management Plan fee for Zone 6, 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.
P 13. Prior to the issuance of the final map, Developer shall submit to the City a Notice of
13 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
14 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map, Planned Development Permit and
Hillside Development Permit by Resolutions No. 6569, 6570, and 6571 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
17 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
18 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
20 14. Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
21 Developer shall enter into an Affordable Housing Agreement with the City to purchase
one (1) affordable housing credit in the Villa Loma housing project in accordance with
22 the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code.
„ The draft Affordable Housing Agreement shall be submitted to the Planning Director no
later than 60 days prior to the request to final the map. The recorded Affordable Housing
24 Agreement shall be binding on all future owners and successors in interest.
25 15. At issuance of building permits, or prior to the approval of a final map and/or issuance of
certificate of compliance for the conversion of existing apartments to air-space
condominiums, the Developer shall pay to the City one inclusionary housing in-lieu fee
27 as an individual fee on a per market rate dwelling unit basis in the amount in effect at the
time, as established by City Council Resolution from time to time.
28
16. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
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the City's Landscape Manual. Developer shall construct and install all landscaping as
2 shown on the approved Final Plans, and maintain all landscaping in a healthy and
thriving condition, free from weeds, trash, and debris.
3
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
<. project's building, improvement, and grading plans.
5 18. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
7 Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
10 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.
12 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
13 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
14 within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
, f that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
17 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
18 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
2Q 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
21 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
22 Owners as provided herein.
23 Special Assessments Levied by the City. In the event the City has performed the
24 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
25 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
2" Project, together with a statement that if the Association fails to pay such invoice in
27 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
28 payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an
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amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
2 may pursue collection from the Association by means of any remedies available at
law or in equity. Without limiting the generality of the foregoing, in addition to all
3 other rights and remedies available to the City, the City may levy a special
assessment against the Owners of each Lot in the Project for an equal prorata share of
the invoice, plus the late charge. Such special assessment shall constitute a charge on
<- the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
5 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
7 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.8 P
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
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f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
11 prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit
12
13 19. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
14 such rental shall be not less than 31 days. The CC&Rs for the project shall include this
requirement.
15
20. Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
] 7 which is in conformance with the City approved documents and exhibits.
18 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,
20 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
21 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
22 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.
24
22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
25 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.
27 23. Developer shall post a sign in the sales office in a prominent location that discloses which
28 special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
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24. Prior to building permit issuance, the developer shall submit a supplemental
2 acoustical analysis for the project due to the potential noise impacts identified in the
acoustical analysis report (prepared by Eilar Associates, Inc., dated January 4,
3 2008) from La Costa Avenue. The project is required to implement the
recommendations as outlined in the supplemental acoustical analysis to ensure
^ interior noise levels do not exceed 45 dB(A) CNEL. The report shall certify that the
. building plans incorporate the required mitigation measures.
5 25. 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
7 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
o 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
10 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
11 General Plan. The City is currently updating the fee study, which is expected to result in
an increase in the amount of the fee, and the Developer or Developer's successor(s) in
interest shall pay the adjusted amount of the fee once it is approved by the City Council.
j 3 The fee shall be paid prior to recordation of a final map, or issuance of a grading permit
or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is
14 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.
, r 26. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
17 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
18 Local Facilities Management Plan fee for Zone 6, 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.
20 27. Prior to occupancy of the first dwelling unit the Developer shall provide all required
21 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
22
TT Engineering:
24 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
25 grading permit whichever occurs first.
26 General
27 28. Prior to hauling dirt or construction materials to or from any proposed construction site
28 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
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29. This project is approved upon the express condition that building permits will not be
2 issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of permit
3 issuance.
30. 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
private improvements within this subdivision, including but not limited to private
utilities, street trees, sidewalks, landscaping, enhanced paving, water quality treatment
features, storm drain facilities, etc. located therein and to distribute the costs of such
7 maintenance in an equitable manner among the owners of the properties within this
subdivision.8
31. There shall be one Final Map recorded for this project.
10 32. Developer shall maintain sight distance corridors at all driveways as defined by City
of Carlsbad Engineering Standards or line-of-sight per Caltrans standards, and as
shown on the approved tentative map.
Fees/Agreements
13
33. Developer shall cause property owner to execute and submit to the City Engineer for
14 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
34. Developer shall cause property owner to execute and submit to the City Engineer for
1 f recordation the City's standard form Drainage Hold Harmless Agreement.
17 35. 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
18 Management Practice Maintenance Agreement for the perpetual maintenance of all
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,
20 or the recordation of a final map, whichever occurs first for this Project.
21 36. Developer shall cause property owner to apply for, execute, and submit, to the City
Engineer for recordation, an Encroachment Agreement covering private enhanced
22 pavement located over existing or proposed public right-of-way or easements as shown
on the tentative map. Developer shall pay processing fees per the City's latest fee
schedule.
24
37. Prior to approval of any grading or building permits for this project, Developer shall
25 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
Lighting and Landscaping District No. 1 and/or to the formation or annexation into an
27 additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
28
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Grading
2 38. Based upon a review of the proposed grading and the grading quantities shown on the
3 tentative map, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports, for City Engineer review, and shall pay all
applicable grading plan review fees per the City's latest fee schedule.
39. 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
post security per City Code requirements.
7
40. 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
o 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
10 grading or slope easement, or agreement, no grading permit will be issued. In that case
Developer must either apply for and obtain an amendment of this approval or modify the
plans so grading will not occur outside the project and apply for and obtain a finding of
substantial conformance and/or consistency determination from both the City Engineer
and Planning Director.
13
41. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
14 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
, f educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
17 stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
18
42. Developer shall complete and submit to the City Engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
2Q Developer shall also submit the appropriate Tier level Storm Water Compliance form and
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
21 completed PTAF all to the satisfaction of the City Engineer.
22 43. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
24 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
25
44. Developer shall incorporate Low Impact Development (LID) design techniques, on all
2" final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
28 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
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vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
2 volume, peak flow rate, velocity and pollutants.
3 Dedications/Improvements
4 45. Developer shall design the private drainage systems, as shown on the tentative map to the
<• satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the City. Developer shall pay the standard improvement
5 plan check and inspection fees for private drainage systems.
7 46. 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
o 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
10 include, but are not limited to:
11 A. Water facilities
B. Storm drain facilities
C. Street frontage improvements
13 47. Developer shall pay the standard improvement plan check and inspection fees.
14 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
1 ^ said agreement.
Non-Mapping Notes
17
48. Add the following notes to the final map as non-mapping data:
18
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
2Q improvements shown on the tentative map. These improvements include, but are not
limited to:
21
1) Water facilities
22 2) Storm drain facilities
3) Street frontage improvements
24 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.
25
C. Geotechnical Caution:
26
~7 1) Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
28 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
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subsidence and subsequent damage that may occur on, or adjacent to, this
2 subdivision due to its construction, operation or maintenance.
3 D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City
of Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
5 agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
7 waters or drainage, or the concentration of surface waters or drainage from the
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.
10 Utilities
49. 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
hydrants, if proposed, shall be considered public improvements and shall be served by
j 3 public water mains to the satisfaction of the District Engineer.
14 50. 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.
17 51. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
18
52. 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
2Q reflected on public improvement plans.
21 53. The Developer shall design and construct public water facilities substantially as shown
on the tentative map to the satisfaction of the District Engineer and City Engineer.
22
^ 54. The Developer shall provide separate potable water meters for each separately owned
unit within this subdivision to the satisfaction of the District Engineer.
24
55. The Developer shall meet with and obtain approval from the Leucadia Waste water
25 District regarding sewer infrastructure available or required to serve this project.
Code Reminders:
27 The project is subject to all applicable provisions of local ordinances, including but not limited to
28 the following:
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56. This tentative map shall expire three years from the date on which the Planning
2 Commission voted to approve this application.
3 57. Some improvements shown on the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
, The Developer shall immediately initiate negotiations to acquire such property. The
Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful,
5 Developer shall demonstrate to the City Engineer its best efforts, and comply with the
requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
7 City to successfully acquire said property by condemnation.
58. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad
9 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff
report and shown on the tentative map are for planning purposes only.
10
NOTICE
12 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
13 "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
i c 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
16 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
17 annul their imposition.
18 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
19 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
20 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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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 19, 2009, by the following vote,
to wit:
AYES:
NOES:
Commissioners Baker, Dominguez, L'Heureux, Nygaard,
Schumacher, and Vice Chairperson Douglas
ABSENT: Chairperson Montgomery
ABSTAIN:
FARRAH DOUGLAS, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6569 -15-