HomeMy WebLinkAbout2013-05-01; Planning Commission; Resolution 6967
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 12-05 TO SUBDIVIDE 9.96 ACRES
INTO 32 SINGLE-FAMILY RESIDENTIAL LOTS, FIVE (5)
OPEN SPACE LOTS, ONE (1) PRIVATE STREET LOT, AND
THREE (3) PRIVATE DRIVE LOTS ON PROPERTY
GENERALLY LOCATED ON THE NORTHWEST CORNER OF
PASEO LUPINO AND RANCHO SANTA FE ROAD, WITHIN
THE LA COSTA MASTER PLAN, NEIGHBORHOOD SE-14
AND LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA RESIDENTIAL
CASE NO.: CT 12-05
WHEREAS, Taylor Morrison of California, LLC, “Developer,” has filed a
verified application with the City of Carlsbad regarding property owned by Property
Development Centers, LLC, “Owner,” described as
Parcel 1 as shown on that certain Parcel Map No. 20982 in the
Office of the County Recorder of San Diego County, State of
California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A – “VV” dated May 1, 2013, on file in the Planning Division LA
COSTA RESIDENTIAL – CT 12-05, as provided by Chapter 20.12 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on May 1, 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.
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.
PLANNING COMMISSION RESOLUTION NO. 6967
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES LA COSTA RESIDENTIAL – CT 12-05, based on the following
findings and subject to the following conditions:
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 as
discussed in the project staff report the project implements the goals and policies of
the General Plan and is consistent with all minimum requirements of the La Costa
Master Plan (MP 149), Title 20 (including the Subdivision Map Act), and Title 21,
with the exception of minimum lot area for Lots 2-5, 7-8, 10-12, 14-27, and 29-32,
which is the subject of a variance (V 12-02) whereby all findings can be made.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General Plan
and developed with detached single-family homes of a similar density. In addition, the project provides the minimum 1.9 acres of open space on site in accordance with
the General Plan and La Costa Master Plan, and is ideally situated to support the
proposed commercial shopping center presently under construction across Rancho
Santa Fe Road to the south.
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 minimum development standards and design criteria
required by the applicable zoning ordinances and the La Costa Master Plan (MP
149) are incorporated into the project, with the exception of minimum lot area for
Lots 2-5, 7-8, 10-12, 14-27, and 29-32, which is the subject of a variance (V 12-02) whereby all findings can be made.
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 such that there are no conflicts
with established easements.
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 detached single-
family homes are oriented to allow for solar exposure and to take advantage of
prevailing breezes.
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
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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 proposed development is located on a previously graded site,
surrounded by existing detached single-family developments and Rancho Santa Fe
Road; and the previously graded site is not located within or adjacent to an HMP
Standards Area or Hardline Preserve.
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 City’s Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protection and to comply with the current City of Carlsbad’s Standard Urban Stormwater
Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the California Regional
Water Quality Control Board for the San Diego Region, and with the City of
Carlsbad’s Municipal Code.
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 May 1, 2013 including, but not limited to the following:
a. Land Use - The General Plan Land Use designation for the project site is
Residential Medium Density (RM) and Open Space (OS). The RM designation
allows for medium density residential development at 4 to 8 du/ac with a Growth
Management Control Point (GMCP) of 6 du/ac; which is used also for the
purposes of calculating the City’s compliance with Government Code §65584. The project site has a net developable acreage of 5.78 acres allowing for 34.68
dwelling units to be developed at the GMCP. However, given the LCMP’s
requirement to develop single-family dwellings on this site utilizing a detached
product type, a total of only 32 dwelling units with an overall density of 5.54
du/ac can be accommodated, which is 2.68 units below the GMCP. Pursuant to
Government Code §65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing
and Community Development in determining compliance with Housing Element
law, unless the City makes findings that the reduction of residential density is
consistent with the adopted General Plan, including the Housing Element; and
that the remaining sites identified in the Housing Element are adequate to
accommodate the City’s share of the regional housing need pursuant to Government Code §65584.
The project is consistent with the City’s General Plan since the proposed density
of 5.54 du/ac is within the RM density range of 4 to 8 du/ac as specified for the
site. The project’s proposed density of 5.54 du/ac is slightly below the GMCP
density (6 du/ac) used for the purposes of calculating the City’s compliance with Government Code §65584. However, consistent with Program 3.2 of the City’s
Certified Housing Element, all of the dwelling units which were anticipated
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toward achieving the City’s share of the regional housing need that are not
utilized by developers in approved projects are deposited into the City’s Excess
Dwelling Unit Bank. These excess dwelling units are 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 adequate to satisfy the City’s share
of the regional housing need. Accordingly, 2.68 dwelling units will be deposited
into the City’s excess dwelling unit bank.
b. Housing – The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance in that the developer has been
conditioned to enter into an Affordable Housing Agreement to purchase six (6)
credits in the Cassia Heights affordable housing project.
c. Noise - The project will not result in exposure of persons to or generation of
noise levels in excess of standards established in the General Plan or the City of
Carlsbad Noise Guidelines Manual in that the proposed project design includes
an 8-foot-high noise barrier to be constructed along the rear portions of Lots 1-9
and a 6-foot-high noise barrier to be constructed along the rear portion of Lot 28
to comply with the residential exterior noise standard. The project has also been conditioned to require a final interior noise assessment prior to the issuance of
building permits for the homes proposed on Lots 1-10, and 27-28 to ensure
compliance with the residential interior noise standard where the CNEL could
exceed 60 dB(A) at the second story.
d. Public Safety – The project has been designed in accordance with Fire
Department regulations and standards. Consideration has been given to
emergency access, fire hydrant locations, fire flow requirements, and any
potential wildland fire hazards. The project will be required to install an
automatic fire sprinkler system in each residence.
e. Circulation – The internal circulation system has been designed in conformance
with Engineering and Fire Department design standards to ensure safety and
livability of the residential neighborhood.
f. Open Space & Conservation – The project is being developed on a previously
graded infill site and does not impact any sensitive resources; it provides a
minimum of 1.9 acres of open space per the La Costa Master Plan; and it is
designed in accordance with the City’s Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protections; and to comply with the City of Carlsbad’s Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the
California Regional Water Quality Control Board for the San Diego Region, and
with the City of Carlsbad’s Municipal Code.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
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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 Unified School Districts 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.
d. The Local Facilities Management fee for Zone 11 is required by Carlsbad
Municipal Code Section 21.90.050 and will be collected prior to 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 11.
14. 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
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with growth management
performance standards are contained in the Zone 11 Local facilities Management
Plan and the project will comply with the general and special conditions of the zone
plan.
15. That the project is consistent with the City’s Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
16. The City Planner has determined that:
a. the project is a subsequent activity of the La Costa Town Square project for which a
program EIR was prepared, and a notice for the activity has been given, which
includes statements that this activity is within the scope of the program approved
earlier, and that the program EIR adequately describes the activity for the purposes of
CEQA) [15168( c)(2) and (e)]; and/or
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b. this project is consistent with the project cited above;
c. EIR 01-02 was certified by the City Council on September 15, 2009 in connection
with the prior project or plan;
d. the project has no new significant environmental effect not analyzed as significant in
the prior EIR;
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
17. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 01-02 which are appropriate to this Subsequent Project
have been incorporated into this Subsequent Project.
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
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 the issuance of
a grading permit or the recordation of the 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
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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 Tract Map and Architectural Site Plan reflecting the conditions approved by
the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Encinitas Union and San Dieguito Unified School Districts
that this project has satisfied its obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
9. This approval is granted subject to the approval of PUD 12-07 and V 12-02 and is
subject to all conditions contained in Planning Commission Resolutions No. 6968 and
6969 for those other approvals incorporated herein by reference.
10. 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. Notes: A note to this
effect shall be placed on the Final Map.
11. Approval is granted for CT 12-05 as shown on Exhibits “A – VV” dated May 1, 2013,
on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
12. Prior to the approval of the final map for any phase of this project, the Developer shall
enter into an Affordable Housing Agreement with the City to purchase six (6) housing
credits 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
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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.
13. 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.
14. 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.
15. 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.
16. An 8-foot-high noise barrier located at the top of slope along Rancho Santa Fe Road
for Lots 1-9 and a 6-foot-high noise barrier for Lot 28 shall be constructed by the
applicant in accordance with the project noise study (La Costa Town Square Residential Development, Ldn Consulting, Inc., January 17, 2013). Location and
design of said noise barrier shall be included as part of the Final Landscape Plans to
the satisfaction of the City Planner.
17. 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
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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
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 HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ________.
18. 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 11, 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.
19. Developer shall submit a street name list consistent with the City’s street name policy
subject to the City Planner’s approval prior to final map approval.
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20. 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 basic architectural theme of the project.
21. 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.
22. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application or any transfer in ownership of the
site.
23. 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(n) Tentative Tract Map,
Planned Development Permit, and Variance by Resolutions No. 6967, 6968, and 6969
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.
24. 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
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.
25. 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.
26. 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.
27. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
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may be subject to noise impacts from the existing Rancho Santa Fe Road 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).
28. Developer shall provide a minimum 48 hour notification to the City of Carlsbad
Parks Division regarding any use of the Old Rancho Santa Fe Road public trail for
construction activities including, but not limited to, access to overhead and
underground utilities within the public trail right-of-way. Notification on such
matters shall be made by contacting Michael Bliss, Parks Supervisor at (760) 434-2985, or by contacting the Parks Maintenance Division Office at (760) 434-2824,
1166 Carlsbad Village Drive, Carlsbad, CA 92008. (Notes: A note to this effect shall
be placed on the Grading and Improvement Plans).
29. Prior to any construction activities commencing within any portion of the Old
Rancho Santa Fe Road public trail right-of-way, developer shall close the trail and provide for trail closure signage at the Old Ranch Santa Fe Road trailheads located
at Cadencia Street (northerly end of trailhead) and at La Costa Avenue (southerly
end of trailhead). (Notes: A note to this effect shall be placed on the Grading and
Improvement Plans).
Engineering:
General
30. 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.
31. 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.
32. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the
Site Plan and conceptual grading plan, preliminary utility plan reflecting the conditions
approved by the final decision making body. The reproducible shall be submitted to the
city planner, reviewed 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.
33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, addressing maintenance, repair, and replacement of shared private
improvements within the subdivision including but not limited to the following as shown
in the tentative map:
a. Private Street “A”, Private Drive “B”, “C” and “D” including street trees, sidewalks, landscaping, street lighting, enhanced paving.
b. Water quality treatment and hydromodification basins in Lots 35, 36, and 37.
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c. All storm drain facilities including outlet structures.
d. Open space slopes and retaining walls.
e. Landscaping within Rancho Santa Fe Road parkway at the project frontage.
The costs of such maintenance shall be distributed in an equitable manner among the
owners of the properties within the subdivision.
34. 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.
35. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property
owner shall maintain this condition.
36. The developer shall process street vacation of the excess right-of-way of Paseo
Lupino, north of Corte Brezo as shown on the tentative map and to the satisfaction
of the city engineer.
Fees/Agreements
37. 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.
38. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
39. 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.
40. 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.
41. Prior to approval of the Final Map, developer shall cause property owner to execute
and submit to the city for recordation a Prepayment Agreement with the city for
prepayment of the obligation for funding to improve Rancho Santa Fe Road, which
will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. The Prepayment Agreement
shall be in a form to the satisfaction of the city attorney and city engineer.
Grading
42. 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
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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.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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).
48. Supplemental grading plans may be required for the precise grading associated with the
project.
Dedications/Improvements
49. Developer shall cause owner to dedicate to the city a 2-foot pedestrian easement for the
proposed non-contiguous sidewalk along Rancho Santa Fe Road as shown on the
tentative 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.
. . .
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50. Developer shall design the private street “A” and private drive “B”, “C” and “D”, as
shown on the tentative map to the satisfaction of the city engineer. The structural section
of all private streets shall conform to City of Carlsbad Standards based on R-value tests.
All private streets shall be inspected by the city. Developer shall pay the standard
improvement plan check and inspection fees for private streets.
51. 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.
52. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement
to install and shall post security in accordance with C.M.C. Section 20.16.070 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. Construct non-contiguous sidewalk including pedestrian ramps along Rancho
Santa Fe Road and Paseo Lupino.
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.
Non-Mapping Notes
53. Add the following notes to the final map as non-mapping data:
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
improvements shown on the tentative map. These improvements include, but are not
limited to:
a. Construct non-contiguous sidewalk including pedestrian ramps along
Rancho Santa Fe Road and Paseo Lupino.
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.
B. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
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C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
D. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
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
54. 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.
55. 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.
56. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
57. The developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the district engineer.
58. The developer shall meet with and obtain approval from the Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
59. The developer shall meet with and obtain approval from the Olivenhain Municipal Water
District regarding potable water infrastructure available or required to serve this project.
60. Developer shall install recycled water services and meters at locations approved by the
district engineer. The locations of said services shall be reflected on public improvement
plans.
61. The developer shall install sewer laterals and clean-outs at locations approved by the
District engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
62. 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.
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Code Reminders:
Note: The project is subject to all applicable provisions of local ordinances, including but not
limited to the following code requirements:
63. This tentative map shall expire two (2) years from the date on which the planning
commission voted to approve this application.
64. 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.
65. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
66. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as
required by Council Policy No. 17.
67. Prior to the issuance of a building permit, Developer shall pay the Local Facilities
Management fee for Zone 11 as required by Carlsbad Municipal Code Section 21.90.050.
68. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
69. Developer shall provide the following note on the final map of the subdivision and final
mylar of this development submitted to the City:
“Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is RM, 4-8 dwelling units per non-constrained acre.
Parcels 1-41 were used to calculate the intensity of development under the General Plan
and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these
parcels must also include parcels 1-41 under the General Plan and Chapter 21.90 of the
Carlsbad Municipal Code.”
70. 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.
71. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
72. 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.
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73. New single-family residential developments containing one or more model home(s): A
water efficient landscaping brochure shall be available for each group of adults visiting the
model home. At a minimum, each brochure shall include information describing the water
efficient features of the model’s landscaping; resources for additional information regarding
water efficiency in landscaping; contact information for the local water purveyor and
Planning Division; and a reference to the requirements of this landscape manual. A copy of
the brochure shall be provided to the Planning Division prior to the City authorizing
temporary occupancy as a model home.
74. An educational sign shall be placed in the front yard of each model home so that it is
visible and readable from the roadway. The sign shall be white with black capital
lettering at least two inches high and shall state “THIS MODEL HOME USES WATER
EFFICIENT LANDSCAPING AND IRRIGATION.”
NOTICE TO APPLICANT
An appeal of this 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.
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 Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
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.
. . .
. . .
. . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on May 1, 2013, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekmann, Commissioners Black, L'Heureux,
Montgomery, Schumacher, Scully and Segall
10 :: 'b I< S~._ ... ,__,
KERRY K. SIEKMANN, Chairpe'fson
13 CARLSBAD PLANNING COMMISSION
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ATTEST:
DONNEU
City Planner
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