HomeMy WebLinkAbout2010-10-06; Planning Commission; Resolution 6672PLANNING COMMISSION RESOLUTION NO. 6672
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 04-13 TO SUBDIVIDE 3.91 ACRES
3 INTO SEVEN SINGLE-FAMILY RESIDENTIAL LOTS AND
ONE OPEN SPACE LOT FOR THE FUTURE DEVELOPMENT
4 OF SEVEN SINGLE FAMILY RESIDENCES ON PROPERTY
5 GENERALLY LOCATED SOUTH OF EL FUERTE STREET
AND NORTH OF CACATUA STREET IN LOCAL FACILITIES
6 MANAGEMENT ZONE 6.
CASE NAME: EL FUERTE VIEW
7 CASE NO.: CT04-13
8 WHEREAS, Michael Schmidt and Nataliya Orlova, "Owner/Developer," has
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filed a verified application with the City of Carlsbad regarding property described as
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Lot 552 of La Costa Meadows Unit 3 in the City of Carlsbad,
County of San Diego, State of California, according to Map
12 thereof No. 7076, filed in the Office of the County Recorder of
San Diego County, October 16,1971
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
16 Map as shown on Exhibit "A" dated September 1, 2010, on file in the Planning Department EL
17 FUERTE VIEW - CT 04-13, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
18 and
19 WHEREAS, the Planning Commission did, on March 17, 2010, April 7, 2010,
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September 1, 2010 and October 6, 2010 hold duly noticed public hearings as prescribed by law
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22 to consider said request; and
23 WHEREAS, at said public hearings, 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 EL FUERTE VIEW - CT 04-13, 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
6 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
7 project implements the goals and policies of the General Plan as discussed in the
staff report, the lots created through the tentative map satisfy all the minimum
requirements of Titles 20 and 21 and have been designed to comply with other
o applicable regulations including the Hillside Development Regulations and Growth
Management Ordinance.
10
2. That the proposed project is compatible with the surrounding future land uses in that
11 surrounding properties are designated for residential and open space development
on the General Plan and are already developed as residential or open space.
3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
14 proposed, in that based on the net developable area and the General Plan Land Use
Designation, the site will accommodate seven single family lots. Furthermore, all
15 required development standards of the R-l and OS zones and Titles 20 and 21 are
completed without the need for variances to the 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
\ 3 public at large, for access through or use of property within the proposed subdivision, in
that the project has been designed to incorporate all existing easements and dedicate
19 additional easements for utility purposes and no additional El Fuerte Street road
right-of-way is required.
_ 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
22 6. That the design of the subdivision provides, to the extent feasible, for future passive or
23 natural heating or cooling opportunities in the subdivision, in that future structures will
be oriented with an east-west alignment for a southern exposure and can be spaced
24 apart such that the development can take advantage of passive heating and cooling
^ opportunities.
2g 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
27 against the public service needs of the City and available fiscal and environmental
resources.
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8. That the design of the subdivision and improvements are not likely to cause substantial
2 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the site is an infill location that has been previously disturbed. The
3 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 graded and undeveloped
(disturbed) with native coastal sage scrub vegetation located on the steep downward
slope. The coastal sage scrub habitat impacted is comprised of low, soft-woody
subshrubs and is 0.26 acres in size. This scrub vegetation is of low 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
9 any biological value to the HMP citywide habitat preserve system, will not
jeopardize the existence or survival of any rare, threatened or endangered plant or
10 animal species, and the impact will be mitigated through the payment of habitat in
lieu mitigation fees in accordance with the adopted HMP. The northern edge of the
site is adjacent to an open space preserve and will itself be protected as an open
space preserve through the creation of an open space lot that will be left in an
undeveloped state.
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9. 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 and conditioned to comply with the latest Regional Water Quality
Control Board mandates, the project has been designed in accordance with the Best
i/- Management Practices for water quality protection in accordance with the City's
sewer and drainage standards and the project is conditioned to comply with the
17 National Pollutant Discharge Elimination System (NPDES) requirements.
18 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 in1 A J '
the staff report dated August 4, 2010 including, but not limited to the following: The
2Q project density (3.2 du/ac) is consistent with the existing land use designation of
RLM (0-4 du/ac and a Growth Control Point of 3.2); open space will be preserved
21 consistent with the Open Space Element, and the adjacent roadway system will be
able to accommodate the additional traffic generated by the development consistent
22 with the Circulation Element.
23 11. The GMCP is used for the purpose of calculating the City's compliance with
24 Government Code Section 65863. In addition, the RLM Land Use designation has a
density range suitable for housing for above-moderate income households according
25 to the City of Carlsbad's Housing Element. The proposed project density at 3.2
du/ac is consistent with the existing RLM (0-4 du/ac) General Plan Land Use
designation. The City has adequate land available in the above-moderate income
27 land use density categories to adequately accommodate the City's share of the
regional housing needs for the above-moderate income group pursuant to
28 Government Code Section 65584.
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12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
2 Facilities Management Plan for Zone 6 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
3 provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
4 facilities; libraries; government administrative facilities; and open space, related to the
t- project will be installed to serve new development prior to or concurrent with need.
Specifically,
6
a. The project has been conditioned to provide proof from the San Marcos Unified
7 School District that the project has satisfied its obligation for school facilities.
o b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
g collected prior to issuance of building permit.
10 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.
11
13. 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
13 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
14 public facilities and will mitigate any cumulative impacts created by the project.
15 14. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 6.
17 15. 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
18 created by this project and in compliance with adopted City standards, in that no new or
expanded public facilities are required for this approval.
19
16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
20 Code Section 14.28.020 and Landscape Manual Section I B).
21 17. The Planning Commission of the City of Carlsbad does hereby find:
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a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
23 Mitigation Monitoring and Reporting Program (MMRP) for El Fuerte View GPA
09-08/ZC 09-09/CT 04-13/HDP 04-06/HMP 09-10, the environmental impacts
therein identified for this project and said comments thereon, and the Program, on file
25 in the Planning Department, prior to RECOMMENDING ADOPTION of the
Mitigated Negative Declaration and MMRP for the project; and
26
b. the Mitigated Negative Declaration and the Program have been prepared in
^ ' accordance with requirements of the California Environmental Quality Act, the State
,-,0 Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and
PC RESO NO. 6672 -4-
c. they reflect the independent judgment of the Planning Commission of the City of
2 Carlsbad; and
3 d. based on the EIA Part II and comments thereon, there is no substantial evidence the
project will have a significant effect on the environment.
4
18. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
6 to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
7
Conditions:
8
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading permit or recordation of the final map, whichever occurs first.
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be
11 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
J2 revoke or modify all approvals herein granted; deny or further condition issuance of all
i -, future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
14 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
15 or a successor in interest by the City's approval of this Tentative Tract Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
17 and modifications to the Tentative Tract Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
18 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
2Q 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any condition for construction of any public improvements or facilities, or the payment
22 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
„,. challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
24 unless the City Council determines that the project without the condition complies with
all requirements of law.
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5. Developer shall implement, or cause the implementation of, the El Fuerte View Project
Mitigation Monitoring and Reporting Program.
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6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
28 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
PC RESO NO. 6672 -5-
and costs, including court costs and attorney's fees incurred by the City arising, directly
2 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, and
(b) City's approval or issuance of any permit or action, whether discretionary or
3 nondiscretionary, in connection with the use contemplated herein. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is riot validated.
7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
6 the Tentative Map reflecting the conditions approved by the final decision-making body.
8. 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
format.
9
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
10 Director from the San Marcos Unified School District that this project has satisfied its
obligation to provide school facilities.
12 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
13 Plan prior to the issuance of building permits, including, but not limited to the following:
a. The project has been conditioned to provide proof from the San Marcos Unified
,, School District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
17
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
18 collected prior to the issuance of building permit.
19 11. This approval is granted subject to the approval of the Mitigated Negative Declaration,
20 GPA 09-08, ZC 09-09, HDP 04-06, and HMP 09-10 and is subject to all conditions
contained in Planning Commission Resolutions No. 6669, 6670, 6671, 6674, and 6675
21 for those other approvals incorporated herein by reference.
7?12. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
24 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
25 shall be placed on the Final Map.
13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
27 #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
28 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such
PC RESO NO. 6672 -6-
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
2 approval will not be consistent with the General Plan and shall become void.
3 14. Prior to the issuance of the grading permit, 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 parties and successors in interest that the City of
Carlsbad has issued a Tentative Map by Resolution No. 6672 on the property. Said
6 Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The Planning Director has
the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in
9 interest.
10 15. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 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
13 all requirements of law.
14 16. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the
Developer shall take the following actions to the satisfaction of the Planning Director in
relation to the open space lot(s) which are being conserved for natural habitat in
1 5 conformance with the City's Habitat Management Plan:
17 a. Select a conservation entity, subject to approval by the City, that possesses
qualifications to manage the open space lot(s) for conservation purposes.
18 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
19 estimating the costs of management and monitoring of the open space lot(s) in
perpetuity in accordance with the requirements of the North County Multiple Habitats
20 Conservation Plan and the City's Open Space Management Plan.
21 c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the Planning Director and conservation entity, if any, in an
22 amount sufficient for management and monitoring of the open space lot(s) in
perpetuity.
d. Record a Conservation Easement over the open space lot(s).
24 e. Prepare a Preserve Management Plan which will ensure adequate management of the
25 open space lot(s) in perpetuity.
17. 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
27 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
28 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
PC RESO NO. 6672 -7-
vegetation and animal species. The Developer is further aware that the City has
2 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
3 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
<- be consistent with the Habitat Management Plan and the General Plan and any and all
approvals for this project shall become null and void.
6
18. Developer shall establish a homeowner's association and corresponding covenants,
7 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
9 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
12 of, or in which the City has an interest.
13 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
14 to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
15 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
17 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
I o 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
20 same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
21 maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
23 Owners as provided herein.
24 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
25 the City shall submit a written invoice to the Association for all costs incurred by the
2fi 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
27 Project, together with a statement that if the Association fails to pay such invoice in
full within the time specified, the City will pursue collection against the Owners in
28 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
PC RESO NO. 6672 -8-
the Association shall fail to pay such invoice in full within the period specified,
2 payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City may
3 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 other
rights and remedies available to the City, the City may levy a special assessment
<- against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
6 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
7 and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
9 in accordance with the procedures set forth in Article of this Declaration.
10 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
,.-> f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit .
13
19. Prior to the recordation of a final map, the Developer shall purchase one inclusionary
14 housing credit at Villa Loma in the amount in effect at the time, as established by City
1 - Council Resolution from time to time.
16 20. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
17 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 thriving
condition, free from weeds, trash, and debris.
19
21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
20 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
21
__ 22. 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
23 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
24 Local Facilities Management Plan fee for Zone 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.
26
23. Prior to recordation of the final map, Developer shall submit to the City a Notice of
27 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 parties and successors in interest that the City of
Carlsbad has issued a(n) Tentative Tract Map by Resolution No. 6672 on the property.
PC RESO NO. 6672 -9-
Said Notice of Restriction shall note the property description, location of the file
2 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
3 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
4 or successor in interest.
24. Developer shall dedicate, on the final map, an open space easement, which shall be
6 maintained by the project HOA, for those portions of lot 8 which are (in slopes,
wetlands, coastal sage scrub, or other constrained land plus all other lands set aside as
7 part of the Citywide Open Space System) to prohibit any encroachment or development,
including but not limited to decks, storage buildings, pools, spas, and stairways as shown
on an exhibit in the project CC&Rs.
9
Engineering:
10
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
12 grading permit whichever occurs first.
13 General
14 25. 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
for the proposed haul route.
16
26. This project is approved upon the express condition that building permits will not be
17 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
issuance.
19 27. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
20 other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to streets,
21 utilities, sidewalks, landscaping, street lighting, enhanced street pavement, water quality
treatment measures, low impact development features, storm drain facilities, etc located
therein and to distribute the costs of such maintenance in an equitable manner among the
23 owners of the properties within this subdivision.
24 28. There shall be one Final Map recorded for this project.
75 29. Unless extended, this tentative map approval shall expire two years from the date on
2/r which the Planning Commission voted to approve this application.
27 Fees/Agreements
28 30. 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.
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31. Developer shall cause property owner to execute and submit to the City Engineer for
2 recordation the City's standard form Drainage Hold Harmless Agreement.
3 32. 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
4 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,
6 or the recordation of a final map, whichever occurs first for this Project.
7 33. A deed restriction shall be recorded for Lot 1 that describes the existing 20' wide
easements on the east and west sides of Lot 1. The deed restriction and plat shall
provide or state that no trees shall be placed within each easement. An
9 encroachment agreement must be approved for any permanent improvement
(including but not limited to: Concrete, walls, fences or pool equipment). If any
10 encroachments are proposed they must be specifically approved by an
encroachment agreement from the respective easement holder.
12 34. Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer for the annexation of the area
13 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
14 additional Street Lighting and Landscaping District. Said written consent shall be on a
form provided by the City Engineer.
1 <J
Gradinglo
35. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall prepare and
10 submit plans and technical studies/reports, for City Engineer review and third party
review, and shall pay all applicable grading plan review fees per the City's latest fee
19 schedule.
20 36. 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
21 post security per City Code requirements.
22 37. Prior to grading permit issuance, Developer shall post required deposit and shall
pay applicable review fees for a third party review of the grading plan and
geotechnical reports.
24 38. All grading as shown on the approved grading plan shall be completed as a single
25 phase.
2g 39. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
27 operation, all geologic corrective measures as actually constructed and must be based on
a contour map which represents both the pre and post site grading. The plan shall be
2° signed by both the soils engineer and the engineering geologist, and shall be submitted on
a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
PC RESO NO. 6672 -11-
40. Developer shall comply with the City's Storm water Regulations, latest version, and shall
2 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
3 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
c stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
6
41. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
7 receipt of a Notice of Intention from the State Water Resources Control Board.
42. Prior to the issuance of grading permit or building permit, whichever occurs first,
9 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
10 and provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
address measures to reduce to the maximum extent practicable storm water pollutant
, ~ runoff during construction of the project.
13 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
14 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
16 44. Developer shall incorporate Low Impact Development (LID) design techniques, on all
17 final design plans submitted to the City, to reduce the amount of run-off by mimicking
the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
20 (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
21 volume, peak flow rate, velocity and pollutants.
Dedications/Improvements
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45. Developer shall design the private drainage systems, as shown on the tentative map to the
24 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
plan check and inspection fees for private drainage systems.
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46. Developer shall prepare and process public improvement plans and, prior to City
2 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
3 for public improvements shown on the tentative map. Said improvements shall be
installed to City Standards to the satisfaction of the City Engineer. These improvements
include, but are not limited to:
A. Sewer facilities - Including extension of sewer mains in El Fuerte Street.
6 B. Street Frontage improvements of El Fuerte Street - Including sidewalk and
trench/patch !/2 street overlay.
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Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 18 months of approval of the
9 subdivision or development improvement agreement or such other time as provided in
said agreement.
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Non-Mapping Notes
12 47. Add the following notes to the final map as non-mapping data:
13 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
14 improvements shown on the tentative map. These improvements include, but are not
limited to:
,/- 1) Water facilities
2) Sewer facilities
17 3) Storm Drain facilities
4) Street Frontage improvements of El Fuerte Street
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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.
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C. Geotechnical Caution:
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1) Slopes steeper than two parts horizontal to one part vertical exist within the
22 boundaries of this subdivision.
2) The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
24 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
25 subdivision due to its construction, operation or maintenance.
96ZD D. The owner of this property on behalf of itself and all of its successors in interest has
27 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
28 waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the City approved development
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plans; or by the design, construction or maintenance of the drainage system or other
2 improvements identified in the City approved development plans.
3 E. All grading as shown on the approved grading plan shall be completed as a single
phase.
4 Utilities
48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
6 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
7 public water mains to the satisfaction of the District Engineer.
8 49. Developer shall design and construct or reconstruct public facilities within public right-
9 of-way or within 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
10 maintenance, access and/or joint utility purposes.
50. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
, 2 for connection to public facilities.
13 51. Developer shall install potable water services and meters at locations approved by the
District Engineer. The locations of said services shall be reflected on public improvement
14 plans.
52. The Developer shall install sewer laterals and clean-outs at locations approved by the City
16 Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
17 53. The Developer shall design and construct public water and sewer facilities substantially
as shown on the tentative map to the satisfaction of the District Engineer and City
° Engineer.
19 54. The Developer shall meet with and obtain approval from the Vallecitos Water District
20 regarding water infrastructure available or required to serve this project.
21 Code Reminders:
22 The project is subject to all applicable provisions of local ordinances, including but not limited to
23 the following:
24 55. 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.
2£ 56. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
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57. Developer shall pay a landscape plancheck and inspection fee as required by Section
28 20.08.050 of the Carlsbad Municipal Code.
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58. 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.
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59. Developer shall pay traffic impact fees .based on Section 18.42 and 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 are for planning
purposes only.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
9 "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
i n 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
12 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
14 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
15 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
16 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 October 6, 2010, by the following vote,
to wit:
AYES: Commissioners Baker, Dominguez, Montgomery, Nygaard and
Schumacher
NOES: Vice Chairperson L'Heureux
ABSENT: Chairperson Douglas
ABSTAIN:
STEPHEN "HAP" L'HEUREUX, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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