HomeMy WebLinkAbout2013-04-03; Planning Commission; Resolution 6957
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF SDP 01-10(A) TO DEVELOP 127
APARTMENT UNITS ON PROPERTY GENERALLY
LOCATED EAST OF THE FUTURE EXTENSION OF
COLLEGE BOULEVARD AND SOUTH OF CANNON ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 15.
CASE NAME: ENCINAS CREEK APARTMENT HOMES
CASE NO.: SDP 01-10(A)
WHEREAS, Holly Springs, LTD, “Owner and Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
Parcel D of Certificate of Compliance recorded March 27, 2007, as File No. 2007-0205875, official records, being those
portions of Lots “E” and “B” of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 823, filed in the office of the
County Recorder of San Diego County on November 16, 1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan Amendment as shown on Exhibits “A”-“Z” dated April 3, 2013, on file in the Planning
Division ENCINAS CREEK APARTMENT HOMES – SDP 01-10(A), as provided by
Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, on December 7, 2004, the City Council approved, SDP 01-10 , as
described and conditioned in City Council Resolution No. 2004-387 and Planning
Commission Resolution No. 5754; and
WHEREAS, the Planning Commission did, on April 3, 2013, 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, Planned Development Permit, and Site Development Plan
Amendment.
PLANNING COMMISSION RESOLUTION NO. 6957
PC RESO NO. 6957 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
RECOMMENDS APPROVAL of ENCINAS CREEK APARTMENT
HOMES - SDP 01-10(A), based on the following findings and subject to the
following conditions:
Findings:
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project site is located within an urbanizing
neighborhood and the project will be located in close proximity to a range of
commercial retail and community services including the Sage Creek High School,
the future commercial shopping centers at College Boulevard and El Camino Real as well as the future commercial center in Robertson Ranch, the future City park in
Robertson Ranch, Dos Colinas continuing care facility and the future expansion of
the public transportation system on College Boulevard. The project exceeds the
density permitted by the Growth Management Control Point for RMH General
Plan Land Use designation by 56 units, however, the project satisfies the criteria set
forth in Chapter 21.53 of the Carlsbad Municipal Code and City Council Policy No. 43 for allowing a density increase in that 50% of the rental units will be made
available to lower income households. In addition:
a. The proposed 127 unit mixed-rate housing project is consistent with the
Residential Medium High (RMH, 8-15 du/ac) land use designation as discussed
above, and relative to the Cantarini Ranch and Holly Springs development proposals, will help to meet the housing needs of the community.
b. The project is consistent with City policies and those development standards
applicable to the construction of affordable multi-family housing and will be
used to satisfy the affordable housing requirements of both the Cantarini Ranch
and Holly Springs developments.
c. The project’s location adjacent to College Boulevard and the provision of two points of access from a collector street “Street C” will not adversely affect the
surrounding properties.
d. The site is appropriate for higher density residential development and complies
with the General Plan location criteria for affordable housing in that the site is
adjacent to a major arterial (College Boulevard) and other transportation facilities are and will be available (existing and future transit bus lines) which
provide convenient access to nearby employment areas and commercial services.
PC RESO NO. 6957 -3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e. The project will serve as a combined off-site project to meet the affordable
housing requirements for the Cantarini Ranch and Holly Springs single family
home projects and other small single family home projects within the vicinity.
2. That the project will provide sufficient additional public facilities for the density in
excess of the growth management control point to ensure that the adequacy of the City’s
public facility plans will not be adversely impacted, in that the street system
surrounding the development is sized to accommodate the additional 282 ADT
generated by the project, the sewer and water systems are designed to provide service at greater capacity than that required by the project, school fees will be paid
per residential unit, and library and parks facilities are provided at a greater level
than required by the Zone 15 Local Facilities Management Plan.
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
that all required setbacks have been provided, a 40 foot average landscape buffer is
provided along College Boulevard, two points of access are provided to the site to
ensure adequate emergency access, landscaping has been integrated throughout the
site, parking spaces are located in close proximity to the apartments, and architectural details have been provided on all four elevations of each building.
4. That there have been sufficient developments approved in the quadrant at densities below
the control point to offset the units in the project above the control point so that approval
will not result in exceeding the quadrant limit.
5. Standards modifications are appropriate for the site in that:
a. The proposal to allow a modification to the minimum width dimension for the
individual one car garages, allowing a ten foot width versus a 12 foot width,
reduces the overall length of the building and thereby reduces construction costs
and contributes to the subsidy necessary for the provision of lower income
housing.
b. The proposal to increase building height from 35 feet to 41 feet 9 inches in height
to allow for the installation of roof mounted heating and cooling equipment and
the appropriate screening of the heating and cooling units is a less costly and
more effective method of installation versus ground mounting of the same
equipment. The cost savings and aesthetic benefit of the additional height serves
to create a positive financial contribution toward the provision of inclusionary
housing as well as allow for an aesthetically pleasing building environment.
6. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that all required setbacks have been provided, a 40 foot
average landscape buffer is provided along College Boulevard, two points of access are provided to the site to ensure adequate emergency access, landscaping has been
integrated throughout the site, parking spaces are located in close proximity to the
apartments, and architectural details have been provided on all four elevations of
each building.
PC RESO NO. 6957 -4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the public streets will be improved to full width
with curbs, gutters, and sidewalks, and that the proposed streets have been demonstrated to be adequate to accommodate the traffic generated by this project
(480 ADT) through approval of the Cantarini/Holly Springs EIR – EIR 02-02 and
the increase of 282 ADT attributed to the addition of 47 apartment units.
8. That the project is consistent with the Housing Element of the General Plan and the
Inclusionary Housing Ordinance as the developer has been conditioned to enter into
an inclusionary housing agreement to provide and deed restrict 63 dwelling units as affordable to lower income households.
General
9. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
10. 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of
a final map for CT 11-03 or issuance of a grading permit, 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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan 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
PC RESO NO. 6957 -5-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 Site Development Plan,
(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 implement, or cause the implementation of, the Cantarini/Holly Springs
Developments Final EIR 02-02 Mitigation Monitoring and Reporting Program.
7. Approval of Planning Commission Resolution No. 6957 supersedes Planning
Commission Resolution Nos. 5754 (SDP 01-10) and 6331 (SDP 01-10x1).
8. This approval is granted subject to the approval of CT 11-03/PUD 12-03 and is subject to
all conditions contained in Planning Commission Resolution No. 6956 for those other
approvals incorporated herein by reference.
9. SDP 01-10(A) approval shall become null and void upon the expiration of Tentative
Map CT 00-18x1/CT 00-21x1 (Cantarini/Holly Springs).
10. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Site Plan reflecting the conditions approved by the final decision-making body.
11. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
12. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 15 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
13. SDP 01-10(A) approval shall become null and void if building permits are not issued
within 24 months from the date of Final Map FM 11-03 recordation.
14. 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
PC RESO NO. 6957 -6-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
15. Prior to the approval of the final map (FM 11-03) 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 Developer shall enter into an Affordable Housing Agreement with the City to provide
and deed restrict 63 dwelling units as affordable to lower-income households at 70% or
lower AMI for 55 years, 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. At least 10% of the units (6 units) designated for lower-income households shall
have three bedrooms.
17. Twenty one (21) income restricted housing units may be used to satisfy the inclusionary housing requirements for other developments within the northeast
quadrant, subject to a City Council approved Affordable Housing Agreement.
18. Developer shall construct the required inclusionary units concurrent with the project’s
market rate units, unless both the final decision-making authority of the City and the
Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
19. 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. Native plants shall be used adjacent to
the open space Lot 8 of CT 11-03 to the greatest extent possible.
20. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
21. Concurrent with recordation of FM 11-03 or prior to the issuance of a building permit for SDP 01-10(A), whichever occurs first, the developer shall make an
irrevocable offer of dedication for a permanent easement for public use of the
community trail located on the northeast boundary of the site. Appropriate
securities as determined by the City Engineer shall be provided concurrent with the
recordation of FM 11-03; however, the trail shall be constructed at a future date as
determined by the City Planner as a private trail for public use. The obligation for the construction, maintenance and liability shall be the responsibility of the
property owner.
PC RESO NO. 6957 -7-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the City
Planner. Said facilities, if required, shall be free from advertising and shall at a minimum
include a bench and a pole for the bus stop sign. The facilities shall be designed to
enhance or be consistent with the basic architectural theme of the project.
23. 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 15, 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.
24. Prior to recordation of the final map (FM 11-03) or issuance of a grading permit,
whichever occurs first, the Developer shall: 1) consult with the United States Fish and
Wildlife Service (USFWS) regarding the impacts of the Project; and 2) obtain any
permits required by the USWFS.
25. If a grading permit is required, all grading activities are prohibited from (February 1st for
gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for
vireo). All erosion control measures must be installed prior to the initial grading. Any
grading extensions into the grading prohibition period must receive written approval of
the City Engineer and the responsible wildlife agencies (California Department of Fish
and Wildlife/United States Fish and Wildlife Service).
26. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
27. 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.
28. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property may be subject to noise impacts from the proposed or existing
Transportation Corridor, in a form meeting the approval of the City Planner and the City
Attorney (see Noise Form #1 on file in the Planning Division).
29. Prior to the issuance of building permits, the Developer shall prepare and record a Notice
that this property is subject to overflight, sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the
City Attorney (see Noise Form #2 on file in the Planning Division).
30. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the City Planner (see Noise Form #3 on file in the Planning Division).
PC RESO NO. 6957 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
31. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner.
Enclosure shall be of similar colors and/or materials to the project to the satisfaction of
the City Planner.
32. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved
plan.
33. Developer shall submit and obtain City Planner approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
34. All visitor parking spaces shall be striped a different color than the assigned
resident parking spaces and shall be clearly marked in a manner approved by the City Planner.
35. The management company shall ensure that there is no outdoor storage of
household goods, sports equipment, etc. on balconies and/or patios except barbeques, outdoor tables and chairs, or similar types of furniture commonly found
on patios.
36. Structural design and materials needed to achieve a noise level of 45 dBA CNEL
with windows closed, interior to all apartment units, shall be noted on the building plans. A statement certifying that the necessary structural design and materials
have been incorporated into the building plans shall be located on the building plans
and signed by the acoustical analyst/acoustician and the building architect.
37. Prior to the issuance of a 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 City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Site Development Plan by Resolution No. 6957 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.
Engineering:
General
38. 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.
PC RESO NO. 6957 -9-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
39. No grading or improvement plans for this project shall be approved until the offsite
public street and public utility improvements required to serve this project are
constructed to the satisfaction of the City Engineer and Fire Marshal. These
improvements consist of, but are not limited to, College Boulevard core street and public utility improvements from its existing terminus near El Camino Real to
Cannon Road, College Boulevard bridge, Basin BJ, and 'C' Street as shown on the
tentative map for the Cantarini development (CT 00-18). At the discretion of the
City Engineer, the developer may be allowed to post security for that portion of the
offsite improvements not yet constructed in accordance with C.M.C. Section
20.16.070, if it can be demonstrated that all performance standards will be met.
40. This project is subject to all applicable conditions of the Cantarini development (CT
00-18) related to this project as determined by the City Engineer, City Planner and
Fire Marshal.
41. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with city engineering standards. The property owner shall maintain this
condition.
42. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall
submit to the City Engineer written approval from North County Transit District (NCTD)
demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/Agreements
43. 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.
44. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
45. 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.
46. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, developer shall cause owner to execute an Agreement to annex the
subject property into SL&LD #2. The Agreement shall be in a form approved by the
Assistant City Finance Director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
47. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the city’s standard form Street Tree Maintenance Agreement.
. . .
PC RESO NO. 6957 -10-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Grading
48. Based upon a review of the proposed precise grading and the grading quantities shown on
the associated 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.
49. No grading for private improvements shall occur outside the project unless developer
obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading,
construction or slope easement or agreement from the owners of the affected properties.
If developer is unable to obtain the temporary grading or slope easement, or agreement,
no grading permit will be issued. In that case 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 city planner.
50. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent 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
stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
51. Prior to the issuance of a grading permit, developer shall submit to the City Engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
52. Prior to the issuance of grading permit or building permit, whichever occurs first,
developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
fees per the city’s latest fee schedule.
53. 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.
PC RESO NO. 6957 -11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
54. 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, hydromodification measures, and Low Impact Design (LID)
facilities.
55. 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
56. Developer shall cause owner to dedicate to the city and/or other appropriate entities for
the public utility and access, sewer and trail purposes as shown on the site plan. The
offer shall be made by a certificate on the final map. All land so offered shall be free and
clear of all liens and encumbrances and without cost to the city. Streets that are already
public are not required to be rededicated. Additional easements may be required at final
design to the satisfaction of the city engineer.
57. Developer shall design the private drainage systems, as shown on the associated 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.
58. Developer shall prepare and process public improvement plans and, prior to City
Engineer approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the associated 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. Public potable waterlines and appurtenances as shown on the associated
tentative map.
B. Public sewer lines and appurtenances as shown on the associated tentative map.
59. Developer shall pay the standard improvement plan check and inspection fees.
Improvements listed above shall be constructed within 36 months of approval of the
subdivision or development improvement agreement or such other time as provided in
said agreement.
60. Developer shall cause owner to waive direct access rights on the final map along College
Blvd frontage to the satisfaction of the city engineer.
61. 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
PC RESO NO. 6957 -12-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
approval of the city engineer.
Utilities
62. 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.
63. 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.
64. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
65. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Division
for processing and approval by the District Engineer.
66. Developer shall install potable water and/or recycled water services and meters at
locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
67. The developer shall install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
68. The developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District
Engineer and City Engineer.
Fire
69. An approved automatic fire sprinkler system shall be installed in all buildings. The Site Plan shall indicate that the buildings are so conditioned and shall state “Fire
Sprinklered.”
70. The following item shall be included in the project CC&Rs:
a. The maintenance of common areas and fuel modification areas shall be submitted to the Fire Department for review and approval.
71. Strict adherence to a 60-foot fire suppression zone clearance between buildings and
combustible vegetation consistent with the adopted City of Carlsbad Landscape
Manual is required. There shall be no combustible or wood fencing within 100 feet
of native undisturbed vegetation (F 3.6).
PC RESO NO. 6957 -13-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
72. No patio covers, decks or similar structures shall occur within the fuel modification
zone unless fire rated heavy timber materials are used. Building Department
approval of said materials shall be obtained prior to installation.
73. Please note that in accordance with the City’s adopted landscape manual, unless the
60-foot fuel modification zone begins at the property line, section F 3.2 prohibits
trees and shrubs in the first twenty (20) feet of the sixty (60) foot fire suppression
zone.
74. No more than twenty (20) units may be constructed in any phase without providing
two points of access to a public street, unless otherwise approved by the Fire Chief
or his/her designee.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
75. 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.
76. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
77. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
78. 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.
79. 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.
NOTICE TO APPLICANT
An appeal of Planning Commission’s final decision to the City Council must be filed with the
City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar
days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code
Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the
appeal. The City Council must make a determination on the appeal prior to any judicial review.
. . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
"fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Govenunent Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PAS SED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 3, 2013, by the following vote, to
wit:
AYES:
.NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, L'Heureux, Montgomery, Schumacher,
Scully, and Segall
Black
,~ K. s~WU)v
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST: 'l7L
DONNEU
City Planner
PC RESO NO. 6957 -14-