HomeMy WebLinkAbout2013-06-19; Planning Commission; Resolution 6986
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 12-01 TO SUBDIVIDE AND GRADE
A 5.4 ACRE SITE INTO SEVENTEEN (17) SINGLE-FAMILY
RESIDENTIAL LOTS, ONE PRIVATE STREET LOT, AND
TWO BIO-RETENTION BASIN LOTS, ON PROPERTY
GENERALLY LOCATED ON THE WEST SIDE OF PIO PICO
DRIVE NEAR THE INTERSECTION OF PIO PICO DRIVE
AND LAS FLORES DRIVE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MILES PACIFIC SUBDIVISION
CASE NO.: CT 12-01
WHEREAS, Miles Pacific, LP, “Owner/Developer,” has filed a verified
application with the City of Carlsbad regarding property described as
A Portion of Tract 7 of Laguna Mesa Tract, in the City of
Carlsbad, County of San Diego, State of California, According
to Map Thereof No. 1719, filed in the Office of the County
Recorder of San Diego County, June 20, 1921
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” – “I” dated June 19, 2013, on file in the Planning Division
MILES PACIFIC SUBDIVISION – CT 12-01, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on June 19, 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. 6986
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES MILES PACIFIC SUBDIVISION – CT 12-01, 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 the
project implements the goals and policies of the General Plan as discussed in the
staff report; is consistent with all minimum requirements of Title 20 and 21
governing lot size and configuration; and has been designed to comply with all
applicable City regulations.
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
with comparable densities.
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 applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
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 the lots are oriented to
allow for solar exposure and 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
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, historically used for
agricultural production, and is surrounded by existing residential 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 June 19, 2013 including, but not limited to the following:
a. Land Use - The RLM Land Use designation allows for the development of single
family residential units within a density range of 0 – 4 dwelling units per acre
(du/ac) and at a Growth Management Control Point (GMCP) of 3.2 du/ac. At
the RLM GMCP, 17.28 dwelling units (17 when rounded down) would be
permitted on this site based on 5.40 net developable acres. The project’s
proposed density of 3.14 du/ac is below the Growth Management Control Point
density (3.2 du/ac) used for the purposes 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 0.28 dwelling unit
into the Excess Dwelling Unit Bank and these fractional 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. 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 construct three
(3) inclusionary housing units on-site in the form of second dwelling units.
c. Circulation – The project will take access off of Pio Pico Drive and will be
required to enter into a Neighborhood Improvement Agreement (NIA), because
Pio Pico Drive is designated as an Alternative Design Street. The project
provides adequate circulation infrastructure to serve the projected population;
and provide a circulation system that promotes safety and livability of
residential neighborhoods while maintaining adequate emergency access for service providers and prompt evacuation capability for residents in that,
primary local access to the site will be provided via private Street “A” and
private drive aisle “B”. The circulation system has been designed in
conformance with Land Development Engineering Division and Fire
Department design standards. The proposed circulation system is designed to
provide access to each of the proposed lots and dwelling units and complies with all applicable City design standards.
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d. Noise - The project will 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 a project specific noise study for the Miles Pacific Subdivision identified that several lots will exceed the exterior
noise standard of 60 dB(A) and interior noise standard of 45 dB(A) CNEL due to
their proximity to the Interstate 5 freeway. For this reason, the project site has
been designed with the installation of two foot tall berms and six foot tall
masonry sound walls to reduce the noise levels, which even with the noise wall
and berm, still exceed the residential exterior noise standard of 60 dB(A) CNEL and special architecture treatments (i.e. specialized doors and windows) for the
future homes will be required to mitigate noise levels which are over the
residential interior noise standard of 45 dB(A) CNEL. Furthermore, the project
has been conditioned for the applicant to submit a supplemental interior
acoustical analysis from the acoustical consultant stating that the architectural
plans have been designed in compliance with the recommendations stated in the acoustical report to reduce interior noise standards to a level of 45 dB(A)CNEL
or below. Since it is impractical to design the project to comply with the exterior
noise standard of 60 dB(A) CNEL without the installation of a 14 foot tall
perimeter sound wall (per the acoustical study), the project has been conditioned
to notify all potential purchasers in writing along with a deed disclosure that the
property they are purchasing does not meet Carlsbad exterior noise standards
for residential property.
e. Public Safety – The project is required to install Fire Hydrants consistent with
Fire Department Regulations.
f. Open Space and Conservation - The project will not have any environmental
impacts to the previously graded site that is void of sensitive habitat.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1 and all City public facility policies and
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 Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
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.
. . .
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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 1.
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.
15. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
16. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
17. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program and Addendum for MILES
PACIFIC SUBDIVISION – CT 12-01/PUD 12-08/CDP 12-15, the environmental
impacts therein identified for this project and said comments thereon, and the
Program, on file in the Planning Division, prior to ADOPTING this project; and
b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting
Program and Addendum have been prepared in accordance with requirements of the
California Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
c. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
. . .
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d. based on the EIA Part II and comments thereon, the Planning Commission, finds that
there is no substantial evidence the project will have a significant effect on the
environment.
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 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.
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. Developer shall implement, or cause the implementation of, the Miles Pacific
Subdivision Project Mitigation Monitoring and Reporting Program.
5. 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.
6. 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
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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.
7. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Tentative Tract Map reflecting the conditions approved by the final decision-making
body.
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
9. 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.
10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
11. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Monitoring and Reporting Program and Addendum, PUD 12-08, and CDP 12-15 and is subject to all conditions contained in Planning Commission Resolutions No.
6985, 6987, and 6988 for those other approvals incorporated herein by reference.
12. This tentative map shall expire two years from the date on which the planning
commission voted to approve this application.
13. 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.
14. 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 1, 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.
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15. 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. 6986 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.
16. 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 provide three (3) onsite
affordable second dwelling units located on lots 2, 5 and 11 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.
17. 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 and maintain all landscaping in a healthy
and thriving condition, free from weeds, trash, and debris.
18. 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.
19. 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
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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
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
.
g. Drive Aisle Parking. No parking shall be permitted within drive-aisle “B”.
20. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City’s Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
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Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. Developer or Developer’s successor(s) in interest shall pay the fee prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City’s Habitat Management Plan (HMP) and the biological study (RC Biological Consulting, Inc., October 19, 2012), for impacts to 5.4 acres of Disturbed Lands
(HMP Habitat Group F). If the In-lieu Mitigation Fee for this project is not paid, this
project will not be consistent with the Habitat Management Plan and the General Plan and
any and all approvals for this project shall become null and void.
21. 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.
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, any change in the
telecommunications provider, or any transfer in ownership of the site.
23. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
the City Planner, in the future 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.
24. Developer shall post a sign in the future 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.
25. 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
is subject to noise impacts that exceed City exterior noise standards for residential
property from the proposed or existing Transportation Corridor (Interstate 5), in a form
meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on
file in the Planning Division).
26. The project applicant shall complete and submit an interior noise analysis prepared
by an acoustical consultant, compliant with the CCR, Title 24, Noise Insulation
Standards, prior to the issuance of building permits for future homes to
demonstrate that the proposed architectural design would limit interior noise levels
to 45 dBA CNEL or less, consistent with the City of Carlsbad Noise Guidelines Manual.
27. 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
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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.
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
28. 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.
29. 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.
30. 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.
31. 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 and/or HOA maintained facilities within the subdivision including but not limited to the following as shown in the tentative map:
a. Private Street “A” & “B” including street trees, sidewalks, landscaping, street
lighting;
b. Water quality treatment and hydromodification basins in Lots 18 and 19 and
other low impact development features;
c. HOA maintained slopes, brow ditches, retaining walls and soundwalls; and
d. All storm drain facilities including storm drain pipes and, inlet and outlet
structures.
The costs of such maintenance shall be distributed in an equitable manner among
the owners of the properties within the subdivision.
. . .
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32. 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.
33. 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.
34. Developer shall submit to the city engineer written approval from California
Department of Transportation (Caltrans) demonstrating the proposed
improvements for this project are not in conflict with the proposed 10 foot high
sound wall for the I-5 North Coast Corridor (NCC) project to the satisfaction of the city engineer.
35. Developer shall apply for and obtain Right-of Way Permit from Caltrans for any
work proposed within Caltrans right-of-way.
Fees/Agreements
36. 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.
37. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
38. 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.
39. Developer shall cause property owner to execute, and submit to the city engineer for
recordation, a city standard deed restriction on the property which relates to the proposed
cross lot drainage as shown on the tentative map. The deed restriction document shall:
A. Clearly delineate the limits of the drainage course; and
B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner; and
C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
damage to the underlying and adjacent properties or the creation of a public nuisance.
40. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the city on a city standard form for the future public improvement of Pio
Pico Drive along the property frontage for a half street width of 30-feet. Public
improvements shall include but are not limited to paving, base, sidewalks, curbs and
gutters, medians, grading, clearing and grubbing, undergrounding or relocation of
utilities, sewer, water, fire hydrants, street lights and pedestrian ramps.
. . .
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41. 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.
42. Prior to issuance of building permits, or grading permit, whichever occurs first,
developer shall cause owner to execute, for recordation, a city standard Local
Improvement District Agreement to pay fair share contributions for
undergrounding of all existing overhead utilities and installation of street lights, as needed, along Pio Pico Dr. should a future district be formed.
43. Prior to issuance of building permits, developer shall underground all existing
overhead utilities within the project subdivision boundary.
44. Prior to approval of any grading or building permits for this project, developer shall cause owner to execute and record covenant of private easement to the HOA
for maintenance of the slopes and brow ditches along the northern, southern and
eastern property boundary as shown on the tentative parcel map.
45. Prior to approval of any grading or building permits for this project, developer
shall cause property owner to process quitclaim of the existing private sewer easement per document number 2011-0042671 recorded on January 24, 2011.
Grading
46. 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.
47. This project requires offsite grading. 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.
48. 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.
49. 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
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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.
50. 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.
51. 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.
52. 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).
53. Supplemental grading plans may be required for precise grading associated with the
project.
Dedications/Improvements
54. Developer shall cause owner to dedicate to the city an additional 10 feet of public
right-of-way for Pio Pico Drive along the project frontage, as shown on the tentative
map to the satisfaction of the city engineer. 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.
55. Developer shall design the private street “A” and private drive “B”, 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.
56. 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.
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57. The developer shall cause the property owner to dedicate a public utility and access
easement over private street “A” and private drive “B” as shown on the tentative
map to the satisfaction of the city engineer.
58. The developer shall cause the property owner to dedicate to the city a minimum of
30-foot wide public utility and access easement over Lot 18 for future development
of the adjacent property to the west, APN 156-351-01, as shown on the tentative map
to the satisfaction of the city engineer.
59. The developer shall cause the property owner to execute and record a private access
easement over Lot 18 and Lot 20 for the benefit of the adjacent property to the west, APN 156-351-01, as shown on the tentative map. The private access easement shall
be shown on the final map.
60. 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. Install 8” potable water line and 8” gravity sewer line and appurtenances within
a public utility and access easement over Private Street “A” and Private Drive “B”.
b. Install gravity sewer line within the proposed 20-foot sewer easement located
along the westerly boundary of Lot 9 and within the existing 10 foot sewer
easement along the westerly boundary of the adjacent property to the south,
APN 156-351-13, to connect to the existing sewer manhole in Las Flores Drive as shown on the tentative map to the satisfaction of the city engineer.
c. Install 8” sewer and 8” water stub-outs within the proposed 30 foot public utility
and access easement over Lot 18 for future development of the adjacent
property to the west, APN 156-351-01.
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
61. 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:
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1. Install 8” potable water line and 8” gravity sewer line and appurtenances
within a public utility and access easement over Private Street “A” and
Private Drive “B”.
2. Install gravity sewer line within the proposed 20-foot sewer easement located along the westerly boundary of Lot 9 and within the existing 10 foot sewer
easement along the westerly boundary of the adjacent property to the south,
APN 156-351-13, to connect to the existing sewer manhole in Las Flores
Drive as shown on the tentative map to the satisfaction of the city engineer.
3. Install 8” sewer and 8” water stub-outs within the proposed 30 foot public
utility and access easement over Lot 18 for future development of the
adjacent property to the west, APN 156-351-01.
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.
C. Geotechnical Caution:
1. 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.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
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
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.
. . .
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64. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
65. 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.
66. 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.
67. The developer shall design and construct public water, sewer facilities substantially as
shown on the tentative map to the satisfaction of the district engineer and city engineer.
68. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity
in the main lines, and the capacity of the existing infrastructure. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
69. This tentative map shall expire two years from the date on which the Planning
Commission voted to approve this application.
70. 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.
71. 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.
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. Premise identification (addresses) shall be provided
consistent with Carlsbad Municipal Code Section 18.04.320.
73. 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.
74. 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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75. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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 June 19, 2013, by the following vote, to
wit:
AYES: Chairperson Siekmann, Commissioners Black and Segall
NOES: Commissioner L'Heureux
ABSENT: Commissioners Anderson, Schumacher and Scully
ABSTAIN:
'b K S~ov.0
KERRY K. SIEKMANN, Chaif!J()fS\Jn
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
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