HomeMy WebLinkAbout2015-09-16; Planning Commission; Resolution 7110
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, HILLSIDE DEVELOPMENT PERMIT, SPECIAL USE PERMIT, AND
MINOR SUBDIVISION TO ALLOW FOR THE SUBDIVISION OF TWO
PARCELS INTO FOUR PARCELS ON PROPERTY GENERALLY LOCATED ON
THE EAST SIDE OF EL CAMINO REAL, SOUTH OF CHESTNUT AVENUE
AND NORTH OF TAMARACK AVENUE IN THE PLANNED COMMUNITY
ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 2. THE CITY
PLANNER HAS DETERMINED THAT THE PROJECT BELONGS TO A CLASS
OF PROJECTS THAT THE STATE SECRETARY OF RESOURCES HAS FOUND
NOT TO HAVE A SIGNIFICANT IMPACT ON THE ENVIRONMENT, AND IS
THEREFORE CATEGORICALLY EXEMPT FROM THE REQUIREMENT FOR
THE PREPARATION OF ENVIRONMENTAL DOCUMENTS PURSUANT TO
SECTION 15332 – IN-FILL DEVELOPMENT PROJECTS, OF THE STATE
CEQA GUIDELINES.
CASE NAME: SPRAGUE LOT SPLIT
CASE NO.: PUD 14-04/HDP 14-03/SUP 14-02/MS 14-06
WHEREAS, The Kevane Company Inc., “Developer,” has filed a verified application with
the City of Carlsbad regarding property owned by Jack H. Sprague, “Owner,” described as
A portion of Lot “J” of the Rancho Agua Hedionda, in the City of
Carlsbad, County of San Diego, State of California, according to Map
Thereof No. 823
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit as shown on Exhibits “A” – “D” dated July 1, 2015, on file in the Planning Division, SPRAGUE LOT
SPLIT – PUD 14-04/HDP 14-03/SUP 14-02/MS 14-06, as provided by Chapter 21.45/21.47 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on July 1, 2015 and September 16, 2015, 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 Planned Development Permit/Hillside Development Permit/Special Use Permit/Minor Subdivision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
PLANNING COMMISSION RESOLUTION NO. 7110
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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 SPRAGUE LOT SPLIT – PUD 14-04/HDP 14-03/SUP 14-02/MS 14-06, based
on the following findings and subject to the following conditions:
Findings:
Planned Development Permit (PUD 14-04)
1. The proposed project will not be detrimental to existing uses, or to uses specifically permitted
in the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the proposed four lot subdivision is consistent with the existing
single-family residential uses that are located to the east and north of the project boundaries;
The project density of 2.76 du/ac is consistent with the RLM (0-4 du/ac) General Plan Land
Use designation for the site; and the project generated traffic can be accommodated on the
surrounding streets.
2. The project will not adversely affect the public health, safety, or general welfare, in that the
project has been designed to comply with all applicable development standards to ensure
compatibility with surrounding residential uses.
3. The project’s design, including architecture, streets, and site layout: a) contributes to the
community’s overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that trees and a variety of plant materials are proposed to enhance the visual
appearance of the slopes as seen from El Camino Real. In addition, a decorative paving
entryway is provided on the private drive aisle that is accessed from El Camino Real.
Hillside Development Permit (HDP 14-03)
4. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages.
5. That undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on
the constraints map.
6. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that a) the project is consistent with the Land Use and
Open Space/Conservation elements of the General Plan since portions of the site have been
previously graded in relation to the El Camino Real widening project, and no undevelopable
natural hillsides or sensitive resources are located on the site; b) the existing hillside
conditions have been properly identified and incorporated into the project review as the
proposed pad grades are terraced and follow the natural slope of the property and therefore
minimizes the amount of grading; c) the project design will preserve and enhance the
aesthetic qualities of the existing manufactured and natural slopes by incorporating an
aesthetically pleasing design without the use of retaining walls and landscaping will be used
to reduce the visual impacts on the adjacent properties; d) there will be no impact on lagoons
or riparian ecosystems in that the project has been designed in an environmentally sensitive
manner and will be conditioned to submit an erosion control plan consistent with the NPDES
permit requirements as required by the Regional Water Quality Control Board and the City of
Carlsbad.
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7. That the proposed development or grading will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that all
future development of single-family homes will be constructed on level pads, and not within
the slopes containing a 25% to 40% gradient.
8. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that a variety of landscape materials are proposed
to soften the appearance of the slopes as seen from El Camino Real and residential uses to the
west. Additionally, the building pads have been situated so that any subsequent construction
of single-family homes can exhibit the top of slope building setback.
9. That the project design and lot configuration minimizes disturbance of hillside lands, in that the
grading design minimizes the amount of grading by respecting the existing terrain and the
project’s grading volume (625 cubic yards per acre) is within the “acceptable” ranges defined
in Section 21.95.140(D)(2) of the Carlsbad Municipal Code.
Special Use Permit (SUP 14-02)
10. The proposed project conforms to the intent of the Scenic Preservation Overlay in that as
discussed in the Staff Report, the project complies with all of the applicable provisions of the
El Camino Real Corridor Development Standards for Area 2, and that the proposed lots will
maintain a suburban residential theme and are adequately setback from El Camino Real.
Minor Subdivision (MS 14-03)
11. 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 Residential Low-Medium
density (RLM) General Plan Land Use designation allows for residential one-family lots. The
lots being created satisfy all minimum requirements of Titles 20 and 21 regarding lot sizes and
configuration and have been designed to comply with all other applicable regulations.
12. That the proposed project is compatible with the surrounding future land uses since
surrounding properties also are designated for Residential Low-Medium (RLM) density
development on the General Plan, in that the subject property is surrounded by existing single-
family homes. The four lot subdivision will provide for one single-family home per lot and will
result in a project density of 2.76 dwelling units per acre (du/ac) which is within the density
range allowed by the RLM designation (0-4 du/ac) and 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.
13. 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 the proposed subdivision meets all development standards and design criteria required
by the P-C zone for the creation of four standard lots including but not limited to
requirements for access, minimum lot size, lot width and setbacks.
14. 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 developer has
delineated and preserved on the parcel map, all existing easements of record.
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15. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
16. 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 provide ample space
between structures to take advantage of prevailing breezes and allow for passive or natural
solar heating and cooling opportunities.
17. 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 and the project
has been conditioned to pay housing in-lieu fees on a per unit basis.
18. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat,
in that the proposed development site does not contain any significant habitat and no
significant wildlife or habitat will be impacted by the project.
19. 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.
General
20. That 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 July 1, 2015 including, but not limited to the following: the subject property is
designated RLM (0-4 dwelling units per acre (du/ac) with a 3.2 du/ac Growth Management
Control Point density). The property has a lot area of 1.45 acres and at the RLM Growth
Management Control Point, 4.64 dwelling units are allowed. The project’s proposed density
of 2.76 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 .64 dwelling units into the
Excess Dwelling Unit Bank and the 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. The project has been conditioned to pay an affordable housing in-lieu
fee in order to provide their proportionate share of affordable housing.
21. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 2 and all City public 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,
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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.
22. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
23. That the City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the environment,
and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15332 - In-fill Development Projects, of the
state CEQA Guidelines. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
24. 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.
25. 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.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or recordation of the parcel map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Planned
Development Permit, Hillside Development Permit, Special Use Permit and Minor Subdivision.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit, Hillside Development Permit, Special Use
Permit and Minor Subdivision documents, as necessary to make them internally consistent and
in conformity with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development, different from this approval,
shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims, and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Planned Development Permit, Hillside
Development Permit, Special Use Permit and Minor Subdivision, (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.
6. Developer shall submit to the Planning Division a reproducible 24” x 36” mylar copy of the
(Tentative Map and Site Plan) reflecting the conditions approved by the final decision-making
body.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 2 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. 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 Parcel Map.
9. 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 2, 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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10. Prior to the issuance of the Parcel 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
Planned Development Permit, Hillside Development Permit, Special Use Permit and Minor
Subdivision by Resolution No. 7110 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.
11. 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
12. 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.
13. Prior to the approval of a parcel map, the Developer shall pay to the City an inclusionary
housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in
effect at the time, as established by City Council Resolution from time to time.
14. A landscape maintenance agreement shall be executed and recorded describing landscape
maintenance responsibilities for the slope easement across the four lots.
15. A drive aisle maintenance agreement shall be executed and recorded describing maintenance
responsibilities for the drive aisle easement across the four lots.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed tentative map, must be met prior to approval of a parcel map or grading permit
whichever occurs first.
General
16. 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.
17. 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.
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18. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private road, water lines,
sewer lines, storm drain, sidewalk, landscaping, irrigation, water quality treatment facilities and
low impact development features located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this
subdivision.
19. Developer shall prepare, submit and process for city engineer approval a parcel map to
subdivide this project. There shall be one parcel map recorded for this project. Developer shall
pay the city standard map review plan check fees.
20. Developer shall install sight distance corridors at the private road intersection with El Camino
Real in accordance with City Engineering Standards. The property owner shall maintain this
condition.
Fees/Agreements
21. 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.
22. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
23. Developer shall cause property owner to execute and submit to the city engineer for
recordation, the city’s form Private Road Hold Harmless Agreement.
24. 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.
25. 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 tentative map into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1 and/or to the formation or annexation into an additional Street
Lighting and Landscaping District. Said written consent shall be on a form provided by the city
engineer.
Grading
26. 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. Developer shall pay the cost of a
third party consultant review of all technical studies and geotechnical reports.
27. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city
engineer. The plan shall clearly show all the geology as exposed by the grading operation, all
geologic corrective measures as actually constructed and must be based on a contour map
which represents both the pre and post site grading. The plan shall be signed by both the soils
engineer and the engineering geologist, and shall be submitted on a 24" x 36" format suitable
for a permanent record.
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28. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015 which may affect the design of this project. Unless construction has
commenced prior to the effective date of the Order, prior to the issuance of a grading permit
the Developer shall demonstrate compliance with latest storm water requirements to the
satisfaction of the city engineer.
29. 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.
30. 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. Developer acknowledges that the requirements of Order No. R9-
2013-0001 issued by the California Regional Water Quality Control Board which become
effective near the end of 2015 will cause the city to replace the city’s SUSMP with a BMP Design
Manual, yet to be developed.
31. Developer acknowledges hydromodification (runoff reduction) requirements impact how
project treats and/or retains storm runoff. Hydromodification involves detailed site design and
analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic
function of the site, preserving natural open-spaces and natural drainage channels, minimizing
use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off.
During final design, developer shall demonstrate compliance with storm water requirements to
the satisfaction of the city engineer.
32. 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.
33. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to reducing the use of new impervious surfaces (e.g.:
paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas), all to the satisfaction of the city engineer. Developer acknowledges that
the requirements of Order No. R9-2013-0001 issued by the California Regional Water Quality
Control Board which become effective near the end of 2015 will cause the city to replace the
city’s SUSMP with a BMP Manual, yet to be developed.
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34. 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).
Developer acknowledges that the requirements of Order No. R9-2013-0001 issued by the
California Regional Water Quality Control Board which become effective near the end of 2015
will cause the city to replace the city’s SUSMP with a BMP Manual, yet to be developed.
Dedications/Improvements
35. Developer shall cause owner to provide for a covenant of easement on the parcel map or by
separate document, for the installation and maintenance of private access, utility, landscaping
and irrigation as shown on the tentative map. Developer shall pay processing fees per the city’s
latest fee schedule.
36. Developer shall provide, to the satisfaction of the city engineer, design and construction
documents demonstrating that the design and construction of the private road is capable of
supporting the loads imposed by emergency service vehicles and firefighting apparatus. The
loads imposed shall be as determined by Carlsbad Fire Prevention Services.
37. 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.
38. Developer shall design all proposed public improvements including but not limited to (sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc.) as shown on the tentative map. These improvements shall be shown on one of the
following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
39. 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.
40. Developer shall cause owner to waive direct access rights on the parcel map for all lots
abutting El Camino Real except for the southerly forty feet of proposed Parcel 4.
41. El Camino Real shall be dedicated by owner along the project frontage based on a street
center line to right of-way width of sixty three feet in conformance with City of Carlsbad
Standards.
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42. The developer shall enter into a Pre-Excavation Agreement, otherwise known as a Cultural
Resources Treatment and Tribal Monitoring Agreement, with a Luiseno tribe prior to the
commencement of any ground disturbing activities. This agreement will contain provisions to
address the proper treatment of any cultural resources or Luiseno Native American human
remains inadvertently uncovered during the course of the project. The agreement will outline
the roles and powers of the Luiseño Native American monitors and the archaeologist. The
Luiseño Native American monitor shall be present at the project’s preconstruction meeting to
consult with grading and excavation contractors concerning excavation schedules and safety
issues, as well as consult with the principal archaeologist concerning the proposed
archaeologist techniques and/or strategies for the project.
Non-Mapping Notes
43. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Development 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 to the satisfaction of the city engineer. These improvements
include, but are not limited to:
1) Water line extension and double check valve detector assembly.
2) Sewer main extension.
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) Slopes steeper than two parts horizontal to one part vertical exist within the boundaries
of this subdivision.
2) 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.
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Utilities
44. Developer shall meet with the fire marshal to determine fire protection measures (private road,
fire flows, fire hydrant locations, building sprinklers) required to serve the project.
45. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
46. 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 to the
satisfaction of the city engineer.
47. 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 to the
satisfaction of the city engineer.
48. The developer shall design and construct public water and sewer facilities substantially as
shown on the tentative map to the satisfaction of the district engineer and city engineer.
49. The developer shall provide separate potable water meters for each parcel within this
subdivision.
Code Reminders
50. This tentative map shall expire two years from the date on which the Planning Commission
approved this application.
51. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of
the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
52. 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.
53. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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
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 final 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
8 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
9 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 September 16, 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATIEST:
~/L
DON NEU
City Planner
PC RESO NO. 7110
Chairperson Anderson, Commissioners Black, Montgomery, Segall and
Siekmann
Commissioner L'Heureux
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