HomeMy WebLinkAbout2012-08-01; Planning Commission; Resolution 6902
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 11-02 TO DEVELOP A SEVEN UNIT
MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM
PROJECT ON A .40 ACRE INFILL SITE GENERALLY
LOCATED AT THE NORTHERN END OF JEREZ COURT IN
LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA VISTA
CASE NO.: CT 11-02
WHEREAS, TMS DEVELOPMENT, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Lot 365 of La Costa South Unit No. 5, in the County of San
Diego, State of California, according to Map thereof No. 6600
filed in the Office of the County Recorder of San Diego
County, March 10, 1970,
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” – “L” dated August 1, 2012, on file in the Planning Division LA
COSTA VISTA – CT 11-02, as provided by Chapter 20.12 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on August 1, 2012, hold a duly
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA VISTA – CT 11-02, based on the following findings
and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 6902
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Findings:
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
minimum requirements of Title 20 and have been designed to comply with other
applicable regulations including the Planned Development Ordinance, Growth
Management Ordinance, the Residential High Density (RH) General Plan Land Use
designation, and the Residential Density–Multiple (RD-M) Zone.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High Density (RH) development
on the General Plan, and are developed with multi-family projects immediately
adjacent to the project which would be compatible with the condominium project
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
proposed, in that all required development standards and design criteria required by
the RD-M Zone and Planned Development Ordinance are incorporated into the
project without the need for variances from development standards and the lot
coverage at 37%, is below the maximum 60% lot coverage allowed.
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
that the project has been designed and conditioned so that there are no conflicts with
established easements and no additional 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).
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 designed
with large private patios/yards and balconies for most units to maximize the
exposure of each unit to natural light and ventilation.
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
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
habitat, in that the project site has been previously graded and is surrounded by
existing development.
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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
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated August 1, 2012 including, but not limited to the following:
a. Land Use - The 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 (du/ac) and at a Growth Management Control Point
(GMCP) of 19 du/ac. At the RH GMCP, 7.6 dwelling units (8 when rounded up)
would be permitted on this 0.40 acre property. The proposed 7-unit project has
a density of 17.5 du/ac, which is within the RH density range of 15 – 23 du/ac,
but is 0.60 dwelling unit below the GMCP of 19 du/ac. The GMCP is used for
the purpose of calculating the City’s compliance with Government Code Section
65863. However, consistent with Program 3.2 of the 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 are not utilized by developers in
approved projects, will be deposited in the City’s Excess Dwelling Unit Bank.
This project will deposit 0.60 dwelling units into the Dwelling Unit Bank and
these excess dwelling units are then available for allocation to other projects.
Accordingly, there is no net loss of residential unit capacity and there are
adequate properties identified in the Housing Element allowing residential
development with a unit capacity, including second dwelling units, adequate to
satisfy the City’s share of the regional housing need.
b. Circulation – The project will take access off of Jerez Court which has full street
improvements. On-site circulation consists of a private driveway which will be
designed in accordance with City standards.
c. Noise - The condominium project is not located adjacent to any noise source and
is consistent with the 60 dBA CNEL exterior noise standard for required
common and private recreation space and is consistent with the 45 dBA CNEL
interior noise standards.
d. Housing – The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the applicant is proposing to
purchase one affordable housing credit in the Cassia Heights affordable housing
project.
e. Public Safety – The project is required to provide an automatic fire sprinkler
system.
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
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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
project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Encinitas Union and
San Dieguito Union High 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.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 6.
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 City Planner 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
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (the project is
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
served by all required utilities and public services) of the state CEQA Guidelines. In
making this determination, the City Planner has found that the exceptions listed in
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
degree of the exaction is in rough proportionality to the impact caused by the project.
. . .
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Conditions:
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
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
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Tentative Tract Map.
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
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
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.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 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.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
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
nondiscretionary, in connection with the use contemplated herein, and
(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
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
(Tentative Map/Site Plan) reflecting the conditions approved by the final decision-
making body.
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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
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union/San Dieguito Union High School District that this
project has satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 6 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of PUD 11-05 and is subject to all
conditions contained in Planning Commission Resolutions No. 6903 for this other
approval incorporated herein by reference.
11. This tentative map approval shall become null and void if a final map has not been
approved for this project within 24 months from the date of the Planning Commission
action.
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
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
shall be placed on the Final Map.
13. 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
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.
14. Prior to the approval of the final map, 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Tentative Tract Map by Resolution No. 6902 on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Planner 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 interest.
15. 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
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Developer shall enter into an Affordable Housing Agreement with the City to purchase
one (1) affordable housing credit in the Cassia Heights Affordable housing project in
accordance with 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 City
Planner no later than 60 days prior to the request to final the map. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
16. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a
healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems
shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
18. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the City Planner prior to final map approval. Prior to issuance of a building permit,
the Developer shall provide the Planning Division with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the City Planner.
At a minimum, the CC&Rs shall contain the following provisions:
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.
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
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
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
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
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
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
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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
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association’s
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
full within the time specified, the City will pursue collection against the Owners in
the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount
equal to six percent (6%) of the amount of the invoice. Thereafter the City 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 other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOA's 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
.
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
such rental shall be not less than 31 days. The CC&Rs for the project shall include this
requirement.
20. Prior to issuance of building permits, the Developer shall submit to the City Planner a
recorded copy of the Condominium Plan filed with the Department of Real Estate which
is in conformance with the City-approved documents and exhibits.
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,
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
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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 City
Planner 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.
22. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the City Planner, 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.
23. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
24. 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
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.
25. Prior to occupancy of the first dwelling unit the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
Engineering:
Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed subdivision, must be met prior to approval of a final map,
building or grading permit whichever occurs first.
General
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
for the proposed haul route.
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
determined that adequate water and sewer facilities are available at the time of permit
issuance and will continue to be available until time of occupancy.
28. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
tentative map and preliminary grading plan reflecting the conditions approved by the final
decision making body. The reproducible shall be submitted to the city planner, reviewed
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and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading plans, or final map,
whichever occurs first.
29. 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 utilities,
sidewalks, landscaping, street lighting, enhanced paving, 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 owners
of the properties within this subdivision.
30. Developer shall prepare, submit and process for city engineer approval a final map to
subdivide this project. There shall be one Final Map recorded for this project.
Fees/Agreements
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.
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.
33. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
34. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private storm drain,
storm water facilities, and trash enclosures located over existing public right-of-way and
water easement as shown on the tentative map. Developer shall pay processing fees per
the city’s latest fee schedule.
35. 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 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 additional
Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
36. 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
submit plans and technical studies/reports for city engineer review, post security and pay
all applicable grading plan review and permit fees per the city’s latest fee schedule.
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37. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
38. This project is subject to ‘Priority Development Project’ requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through
landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city’s latest fee schedule.
39. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
(LID) facilities.
40. Developer shall submit documentation, subject to city engineer approval, demonstrating
how this project complies with Hydromodification requirements per the city’s SUSMP,
latest version. Documentation shall be included within the Storm Water Management
Plan (SWMP).
Dedications/Improvements
41. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain
and larger) shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
42. Developer shall design all proposed public improvements including but not limited to
driveways, water services/meters, curb drains, etc. as shown on the tentative map. These
improvements shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in
accordance with the city’s current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
43. Prior to issuance of building permits, developer shall install separate sewer services to
each unit proposed by this tentative map. Sewer services shall be provided to the
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satisfaction of the city engineer and Leucadia Wastewater District.
44. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the city engineer.
Non-Mapping Notes
45. Add the following notes to the final map as non-mapping data:
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
B. The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any diversion of waters, the alteration of the normal flow
of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the city approved
development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the city approved development plans.
Utilities
46. 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
public water mains to the satisfaction of the district engineer.
47. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
48. The developer shall design landscape and irrigation plans and submit to the Planning
Department for processing and approval.
49. 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
plans or grading plan.
50. The developer shall install sewer laterals and clean-outs at locations approved by the city
engineer and Leucadia Wastewater District.
51. The developer shall design and construct public water and sewer facilities substantially as
shown on the tentative map to the satisfaction of Leucadia Wastewater District, the
district engineer and city engineer.
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52. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
53. Developer shall pay traffic impact and sewer 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.
54. This tentative map shall expire two years from the date on which the city planning
commission voted to approve this application.
55. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
56. 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 City Planner
prior to installation of such signs.
57. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
58. 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.
59. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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