HomeMy WebLinkAbout2013-08-21; Planning Commission; Resolution 7006
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
CARLSBAD TRACT CT 13-01 TO ALLOW FOR THE
DEMOLITION OF THREE SINGLE-FAMILY RESIDENCES
AND TO SUBDIVIDE AND GRADE A 2.73 ACRE SITE INTO
ELEVEN (11) SINGLE-FAMILY RESIDENTIAL LOTS AND
ONE PRIVATE STREET LOT, ON PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF THE INTERSECTION OF
BUENA VISTA WAY AND VALLEY STREET IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BUENA VISTA 11
CASE NO.: CT 13-01
WHEREAS, Kraemer Land Company, Inc., “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Constantino Medina, Jr.,
Trustee, “Owner,” described as
That Portion of Tract 121 of Carlsbad Lands, in the City of
Carlsbad, County of San Diego, State of California, According
to Map Thereof No. 1661, filed in the Office of the County
Recorder of San Diego County, March 1, 1915
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” – “K” dated August 21, 2013, on file in the Planning Division
BUENA VISTA 11 – CT 13-01, as provided by Chapter 20.12 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on August 21, 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:
PLANNING COMMISSION RESOLUTION NO. 7006
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES BUENA VISTA 11 – CT 13-01, 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 developed with three single-family
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residences and the currently underdeveloped portion of the site is comprised of non-
native vegetation.
9. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management Practices for water quality
protection in accordance with the City’s sewer and drainage standards and the
project is conditioned to comply with the National Pollutant Discharge Elimination
System (NPDES) requirements.
10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the facts set forth in
the staff report dated August 21, 2013 including, but not limited to the following:
a. Land Use – The project’s proposed density is 4.03 dwelling units per acre, which
is above the RLM density range of 0-4 dwelling units per acre and the GMCP of
3.2 dwelling units per acre. However, the Land Use Element of the Carlsbad
General Plan recognizes that there are exceptional cases where the base zone (R-
1-7,500) is consistent with the Land Use designation (RLM) but would permit a
slightly higher yield (maximum of 5 du/ac) then that recommended in the low-medium density residential classification provided three findings are made. All
of the three findings can be made as follows: As demonstrated in Table B of the
attached Staff Report, the project is compatible with the General Plan; the
project either incorporates the necessary infrastructure or is conditioned to
provide it; and, the maximum density of the RLM designation is 4 du/acre. The
proposed project density is 4.03 du/acre, which is less than the General Plan Land Use policy which allows a 25% increase up to 5 du/acre. Furthermore,
City Council Policy No.43 “Excess Dwelling Unit Bank” includes the same
exceptional case provision to allow for the withdrawal of 2.27 dwelling units
from the 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 construct two (2)
inclusionary housing units on-site in the form of second dwelling units.
c. Circulation – The project will take access off of Buena Vista Way and Valley
Street and will be required to enter into a Neighborhood Improvement
Agreement (NIA), because both of these streets are designated as Alternative
Design Streets. 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”. The circulation system has been designed in conformance with Land
Development Engineering Division and Fire Department design standards and
complies with all other applicable City design standards.
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d. Noise – A site specific Noise Study was prepared by Ldn Consulting, Inc., on
July 2013 and concluded that 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.
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.
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
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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 City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 (In-Fill Development
Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is
consistent with the General Plan as well as with the Zoning Ordinance, the project site is
within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there
is no evidence that the site has value as habitat for endangered, rare, or threatened
species; approval of the project will not result in significant effects relating to traffic,
noise, air quality, or water quality; and the site can be adequately served by all required
utilities and public services. In making this determination, the City Planner has found
that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply
to this project.
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
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shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
challenged, this approval shall be suspended as provided in Government Code Section
66020. If any such condition is determined to be invalid, this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map,
(b) City’s approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City’s
approval is not validated.
6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the
Tentative Tract Map reflecting the conditions approved by the final decision-making
body.
7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format (including any applicable Coastal Commission approvals).
8. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division from the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
10. This approval is granted subject to the approval of PUD 13-03 and is subject to all
conditions contained in Planning Commission Resolution No. 7007 for this other
approval incorporated herein by reference.
11. This tentative map shall expire two years from the date on which the planning
commission voted to approve this application.
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12. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 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.
14. Prior to the approval of the final map, Developer shall submit to the City a Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to
be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
has issued a Tentative Tract Map by Resolution No. 7006 on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Planner has the authority to
execute and record an amendment to the notice which modifies or terminates said notice
upon a showing of good cause by the Developer or successor in interest.
15. Prior to the approval of the final map for any phase of this project, the Developer shall
enter into an Affordable Housing Agreement with the City to provide two (2) onsite
affordable second dwelling units located on lots 9 and 10 in accordance with the
requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The
draft Affordable Housing Agreement shall be submitted to the City Planner no later than
60 days prior to the request to final the map. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
16. Developer shall submit and obtain City Planner approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping and
irrigation as shown on the approved Final Plans and maintain all landscaping in a healthy
and thriving condition, free from weeds, trash, and debris.
17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Division and accompanied by the
project’s building, improvement, and grading plans.
18. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the City Planner prior to final map approval. Prior to issuance of a building permit,
the Developer shall provide the Planning Division with a recorded copy of the official
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CC&Rs that have been approved by the Department of Real Estate and the City Planner.
At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to
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
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Owner and his/her respective Lot for purposes of collecting such special assessment
in accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOA's and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit
.
19. This project 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
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 (LSA, March
18, 2013), for impacts to 2.73 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.
20. 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.
21. 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.
22. 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.
23. 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.
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
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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
25. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
26. 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.
27. 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.
28. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private streets,
utilities, street trees, sidewalks, landscaping, street lighting, enhanced paving, water
quality treatment measures, low impact development features, storm drain facilities, etc.
located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
29. Rain gutters shall be routed to the proposed bioretention basins as shown on the
tentative map. Developer shall include rain gutters on the building plans subject to the
city engineer’s review and approval. Developer shall install rain gutters in accordance
with said plans.
30. Developer shall prepare, submit and process for city engineer approval a final map to
subdivide this project. There shall be one Final Map recorded for this project.
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31. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
32. 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.
33. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
34. 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.
35. Developer shall cause property owner to execute, and submit to the city engineer for
recordation, a city standard deed restriction on the property to the satisfaction of the city
engineer 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.
36. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an encroachment agreement covering private enhanced
pavement and turfstone grass pavers located over existing and proposed public right-
of-way or easements as shown on the -tentative map. Developer shall pay processing fees
per the city’s latest fee schedule.
37. Developer shall cause property owner to enter into a Neighborhood Improvement
Agreement with the city on a city standard form for the future public improvements of
Buena Vista Way and Valley Street 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, grading, clearing and grubbing, undergrounding or
relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramp, retaining
walls and reclaimed water.
38. 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
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Street Lighting and Landscaping District. Said written consent shall be on a form
provided by the city engineer.
Grading
39. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports for city engineer review, post security and pay
all applicable grading plan review and permit fees per the city’s latest fee schedule.
40. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the tentative map all subject to city engineer approval.
41. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
42. 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.
43. 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.
44. 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.
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45. 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.
46. 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).
47. Developer acknowledges the upcoming City of Carlsbad BMP Design Manual pursuant to provision E.3.d of the new California Regional Water Quality Control
Board (RWQCB) Order No. R9-2013-001 adopted on June 27, 2013. During final
design, developer shall demonstrate compliance with latest storm water
requirements to the satisfaction of the city engineer.
Dedications/Improvements
48. Developer shall cause owner to submit to the city engineer for recordation covenants of
private drainage easements, as shown on the tentative map. Developer shall pay
processing fees per the city’s latest fee schedule.
49. Developer shall cause owner to dedicate to the city additional 10 foot wide public street
& public utility easement, for Buena Vista Way and Valley Street along the project
frontage as shown on the tentative map. 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.
50. Developer shall design the Private Street “A”, 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. The developer shall cause the property owner to dedicate a public utility and access
easement over Private Street “A” as shown on the tentative map to the satisfaction
of the city engineer.
53. 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 5 for future utility
connections to the adjacent property to the South, APN 156-200-03, as shown on the
tentative map to the satisfaction of the city engineer.
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54. 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 6” potable water line and appurtenances within a public utility and
access easement over Private Street “A.”
B. Install 8” gravity sewer line and appurtenances within a public utility and
access easement over Private Street “A.”
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.
55. Prior to issuance of building permits, developer shall install separate sewer services to
each unit proposed by this tentative parcel map. Sewer services shall be provided to the
satisfaction of the city engineer.
Non-Mapping Notes
56. 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:
1) Install 6” potable water line and appurtenances within a public utility
and access easement over Private Street “A.”
2) Install 8” gravity sewer line and appurtenances within a public utility
and access easement over Private Street “A.”
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. 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
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development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the city approved development plans.
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 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.
Utilities
57. 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.
58. 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.
59. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.
60. 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.
61. 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.
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 and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
63. This tentative map shall expire two 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.
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65. 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.
66. 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.
67. 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.
68. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
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.
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.
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. . . NOTICE
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on August 21, 2013, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Siekrnann, Commissioners Anderson, Black,
L'Heureux, Schumacher, Scully, and Segall
~Ks~.~
KERRY K. SIEKMANN, Chairper n
CARLSBAD PLANNING COMMISSION
ATTEST:
DONNEU
City Planner
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