HomeMy WebLinkAbout2015-11-04; Planning Commission; Resolution 7128
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND
PLANNED DEVELOPMENT PERMIT TO ALLOW FOR THE SUBDIVISION AND
GRADING OF A DEVELOPED 3.13 ACRE SITE INTO TEN (10) SINGLE-FAMILY
RESIDENTIAL LOTS AND ONE (1) PRIVATE STREET/OPEN SPACE LOT ON
PROPERTY LOCATED AT 1833 BUENA VISTA WAY AND WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MILES BUENA VISTA
CASE NO.: CT 14-04/PUD 14-06
WHEREAS, Robert Miles, “Owner/Developer,” has filed a verified application with the
City of Carlsbad regarding property described as
The easterly 300.00 feet of that portion of Lot 30 of Patterson’s Addition
to the Town of Carlsbad, in the City of Carlsbad, County of San Diego,
State of California, according to Map Thereof No. 565, filed in the Office
of the County Recorder of San Diego County, September 22, 1888, and
of that portion of Section 31, Township 11 South, Range 4 West, San
Bernardino Base and Meridian, in the County of San Diego, State of
California, according to United States Government survey, described as
a whole as follows:
Commencing at the intersection of the center line of Valley Street and
Oak Avenue as shown on Map No. 565; thence along the center line of
said Valley Street, north 3433’00” west 528.52 feet to the true point of
beginning; thence continuing along said center line of Valley Street,
north 3433’00” west, 657.07 feet to an intersection with the southerly
line of said section 31; thence along said southerly line north 8907’00”
west 43.31 feet to the most westerly corner of land conveyed to south
coast land company by deed dated November 1, 1923 and recorded
January 9, 1924 in Book 976, page 435 of deeds; thence along the
northwesterly line of said land conveyed land north 5413’30” east
759.75 feet to the northerly corner thereof; thence along the
northeasterly line of said land conveyed to south coast land company,
south 3529’00” east, 563.12 feet to said southerly line of section 31;
thence along said southerly line south 8907’00” east, 176.33 feet to an
intersection with the center line of Canyon Drive (formerly Canon
Street) as shown on said Map No. 565; thence along said center line
south 1926’00” east 36.81 feet, more or less which bears north
5527’00” east parallel with the centerline of said Oak Avenue form the
true point of beginning; thence along said parallel line south 5527’00”
west, 864.32 feet to the true point of beginning.
Excepting therefrom that portion lying southeasterly of a line that is
parallel with and distant 233.03 feet northwesterly measured at right
angles from the southeasterly line thereof
(“the Property”); and
PLANNING COMMISSION RESOLUTION NO. 7128
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WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
Planned Development Permit as shown on Exhibits “A – H” dated November 4, 2015, on file in the
Planning Division, CT 14-04/PUD 14-06 – MILES BUENA VISTA, as provided by Title 20 and Chapter 21.45
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 4, 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
Tentative Tract Map and Planned Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CT 14-04/PUD 14-06 – MILES BUENA VISTA, based on the following findings and subject
to the following conditions:
Findings:
Tentative Tract Map, CT 14-04
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 Titles 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 and are developed
with single-family homes of comparable densities and lot sizes.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required minimum development standards and design criteria required by the
applicable zoning ordinances are incorporated into the project without the need for variances
from development standards.
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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 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 no native or wetland type habitats or natural drainage areas exist on site; the project site
is further described as highly disturbed and almost entirely developed with an existing single-
family home and detached garage, paved access road, above ground utilities, septic tank and
leach field, as well as several small storage buildings and greenhouse shade structures
associated with the sites existing residential use and previous wholesale palm nursery
operation.
9. 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. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 3.13 acres of Group-F habitat (i.e., Agricultural and Disturbed
Lands).
10. 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.
. . .
. . .
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11. That the property cannot be served adequately with a public street without panhandle lots due
to unfavorable conditions resulting from unusual topography, surrounding land development, or
lot configuration, in that the requirement to hold development (i.e., residential structures and
Private Street) west of the steep slope area containing a Factor-of-Safety = 1.5 combined with
the length (i.e., average 454 ft.) of the rectangular shaped property with frontage along two
streets, one being a cul-de-sac, significantly limits the orientation of the residential lots, thus
necessitating a flag-shaped lot in the center portion of the property.
12. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide
full public street access to other properties within the same block of the subject property, in that
panhandle Lot 5 is accessed directly off of a private street and does not include any access
easements over adjacent properties, and all adjacent properties have full access onto either a
private street (i.e., Lots 4-7) or public street (i.e., Lots 1-3 to Buena Vista Way and Lots 8-10 to
McCauley Lane).
13. That the buildable portion of the panhandle lot consists of 15,527 square feet, which meets the
requirements of Section 21.10.100(C) of the Carlsbad Municipal Code.
14. That the front, side, and rear property lines of the buildable lot, for purposes of determining
required yards, are appropriately labelled on Planning Commission Exhibit ‘C’ dated November
4, 2015.
15. That any panhandle lot hereby approved satisfies all the requirements of Section 21.10.100(D) of
the Carlsbad Municipal Code in that Lot 5, as demonstrated on Planning Commission Exhibit ‘C’
dated November 4, 2015, meets all development, dimensional, and area standards, and has
sufficient area to meet the minimum requirements regarding adequate parking and vehicle
maneuvering, drainage, driveway width, and lot frontage.
Planned Development Permit, PUD 14-06
16. The proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45, and all other applicable provisions of the Carlsbad Municipal Code,
in that the Planned Development Permit is required in order to approve a private street/open
space lot. As discussed in the staff report, the private street/open space lot is consistent with
the development and design standards applicable to the property as contained in Chapter 21.45
of the Carlsbad Municipal Code.
17. 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 no standards variances are proposed or required for the
proposed private street/open space lot, and no negative circulation impacts will result as the
existing surrounding roadways are adequate to accommodate the traffic generated by this
project.
. . .
. . .
. . .
. . .
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18. The project will not adversely affect the public health, safety, or general welfare, in that the
proposed private street/open space lot has been designed to comply with all applicable
development standards to ensure compatibility with surrounding residential uses. The private
street provides adequate circulation to serve the project and provide a circulation system that
promotes safety and livability of residential neighborhood while maintaining adequate
emergency access. The circulation system has been designed in conformance with all Land
Development Engineering Division and Fire Department design standards to ensure safety for
the residents in the neighborhood while maintaining adequate access for emergency service
providers and prompt evacuation capabilities for residents.
California Environmental Quality Act
19. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for MILES BUENA VISTA – CT 14-04/PUD 14-06, the
environmental impacts therein identified for this project and comments thereon prior to
APPROVING the project; and
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for
CT 14-04/PUD 14-06 – MILES BUENA VISTA, has 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. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
General
20. 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
November 4, 2015 including, but not limited to the following:
a. Land Use – The single-family residential subdivision, consisting of ten (10) single-family
residential lots and one (1) private street/open space lot for development of future single-
family homes, is consistent with the elements and objectives of the General Plan as
discussed in Section ‘A’ of the project staff report. The proposed residential density of 3.21
dwelling units per acre is within the Residential Low-Medium (RLM) density range (0-4
du/ac). Because the ten (10) unit project exceeds the maximum unit yield (9.98 dwelling
units) at the Growth Management Control Point (GMCP) of the RLM General Plan Land Use
designation, a fractional allocation of 0.02 dwelling units will be withdrawn from the City’s
excess dwelling unit bank consistent with City Council Policy No. 43.
b. Housing – The project is conditioned to enter into an affordable housing agreement to
provide two (2) Second Dwelling Units (SDUs) on proposed Lots 9 and 10.
c. Public Safety – The project site is located within a less than five (5) minute response time of
Fire Station No. 1 and has been designed to comply with the fire code, including provisions
for an automatic sprinkler system within each dwelling unit.
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d. Open Space & Conservation – The project will not have any environmental impacts on the
previously graded and developed site that is void of sensitive habitat; and to control storm
water runoff and protect water quality, the project has been conditioned to conform to all
NPDES requirements and is designed to include Low Impact Design (LID) elements.
e. Noise – The project will not result in exposure of persons to or generation of noise levels in
excess of standards established in the City’s General Plan or Noise Guidelines Manual in
that the proposed project is located outside the 60 dB(A) CNEL noise contour as indicated
in the City of Carlsbad’s General Plan Noise Element and Noise Guidelines Manual (Carlsbad
Future Noise Exposure Contours Map, forecast year 2010), and is outside the 60 dB(A) CNEL
noise contour as indicated in Exhibit III-1 of the McClellan-Palomar Airport Land Use
Compatibility Plan (ALUCP). To insure that the City of Carlsbad Noise Guidelines Residential
Interior Noise Standard of 45 dB(A) CNEL is achieved, future homes have been conditioned
to provide a noise assessment prior to issuance of building permit(s).
f. Circulation – The project fronts to both Buena Vista Way (an Alternative Designed Street)
and McCauley Lane. Frontage improvements to McCauley Lane include completion of the
half street right-of-way improvements at the existing cul-de-sac bulb and street frontage,
including but not limited to curb, gutter, detached sidewalk and parkway (w/ street trees).
Improvements to the portion of the project fronting along Buena Vista Way include
widening the existing street width, providing a new asphalt berm, and installing a 6 ft. wide
meandering sidewalk. The project is required to enter into a Neighborhood Improvement
Agreement where Buena Vista Way is designated as an Alternative Designed Street. The
project provides adequate circulation infrastructure to serve the projected population; and
provides a circulation system that promotes safety and livability of residential
neighborhoods while maintaining adequate emergency access for service providers and
prompt evacuation capabilities for residents. 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.
21. In approving a request for an allocation of excess dwelling units, the following three findings
contained in City Council Policy No. 43 – Excess Dwelling Unit Bank must be made:
a. That the project location and density are compatible with existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is located within a
Residential Low-Medium (RLM) General Plan Land Use designation and One-Family
Residential (R-1-9,500) zone, which consists predominantly of single-family homes that are
approved at similar densities (0-4 du/ac) as the density of the proposed project (3.21 du/ac)
and which are also situated on 9,500 square foot minimum lot sizes; and
b. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document in that as described above the
project’s location and density are in accordance with the applicable provisions of the
General Plan for the RLM Land Use designation; and
c. That the project complies with the findings stated in the General Plan Land Use Element for
projects that exceed the GMCP for the applicable density range in that there have been
sufficient developments in the northwest quadrant that have developed at densities below
the GMCP such that the allocation of 0.02 dwelling units would not result in exceeding the
quadrant limit; the project is conditioned to pay the appropriate fees to comply with City’s
Growth Management Program; and the City’s public facilities plans will not be adversely
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impacted as the allocation of 0.02 units has already been analyzed and anticipated within
the northwest quadrant.
22. 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.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
23. 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.
24. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
25. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
26. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or recordation of the final map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
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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 and
Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Planned Development Permit 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 Tentative Tract Map and Planned Development
Permit, (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. 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.
8. 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.
9. 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.
. . .
. . .
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10. 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.
11. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a(n) Tentative Tract Map and Planned Development Permit
by Resolution(s) No. 7127 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.
12. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the City to provide and deed restrict two (2)
affordable second dwelling units on Lots 9 and 10 as affordable to lower-income households for
55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the
Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City
Planner no later than 60 days prior to the request to final the map. The recorded Affordable
Housing Agreement shall be binding on all future owners and successors in interest.
13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
14. 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.
15. Prior to removal or damage of any active nests or any tree pruning or removal operations during
the prime nesting season, that being from March 15 to May 30, a certified biologist shall survey
the trees to determine if there are any active nests within 500 feet of the area of tree removal or
pruning. If any active nests are located within 500 feet, no tree pruning or removal operations
can occur until the nests are vacated or until the end of the prime breeding season, whichever
occurs later.
In addition, prior to any tree removal or pruning operations proposed outside of the prime nesting
season but within the period of February 15 to August 31, a confirmation is required from a
certified biologist that no disturbance to active nests or nesting activities would occur.
Documentation from the certified biologist consistent with these requirements shall be submitted
to the City Planner for review and approval. A note to this effect shall be placed on the
construction or grading plans.”
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16. This approval is granted subject to the approval of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, CT 14-04/PUD 14-06 – MILES BUENA VISTA and
is subject to all conditions contained in Planning Commission Resolutions No. 7127 for those other
approvals incorporated herein by reference.
17. Developer shall implement, or cause the implementation of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, CT 14-04/PUD 14-06 – MILES BUENA VISTA.
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 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
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an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit .
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) for 3.13 acres of Group-F habitat (i.e., Agricultural
and Disturbed Lands). If the In-lieu Mitigation Fees for this project are 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 shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
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district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
25. Prior to issuance of a building permit for construction of any homes on the subject lots, an
interior noise assessment shall be submitted to the Planning and Building Divisions
demonstrating compliance with the City of Carlsbad Noise Guidelines Residential Interior Noise
Standard of 45 dB(A) CNEL.
Engineering:
General
26. 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.
27. 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.
28. 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, enhanced
pavement, sidewalk, sewer main, water line, fire hydrant(s) if any, landscaping, water quality
treatment measures, low impact development features and storm drain facilities located therein
and to distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
29. 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. Developer shall pay the city
standard map review plan check fees.
30. Developer shall install sight distance corridor at the intersection of Buena Vista Way and the
private road in accordance with City Engineering Standards. The property owner shall maintain
this condition.
Fees/Agreements
31. 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.
32. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
33. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city’s standard form Panhandle Lot Hold Harmless Agreement.
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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 which relates to the proposed cross lot drainage,
across Lot 1 for the Benefit of Lot 5 and across Lot 7 for the benefit of Lot 8, as shown on the
tentative map, all to the satisfaction of the city engineer. The deed restriction document shall:
a. Clearly delineate the limits of the drainage course;
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 located over
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. 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.
38. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Street Tree Maintenance Agreement for any streets installed in existing
or proposed city right of way
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. 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, and will affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
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.
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42. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the
satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
inspection fees per the city’s latest fee schedule.
43. 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.
44. 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.
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).
Dedications/Improvements
47. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public
street purposes 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. Streets that are already public are not required to be rededicated. Additional
easements may be required at final design to the satisfaction of the city engineer.
48. Developer shall design the private road, as shown on the tentative map to the satisfaction of the
city engineer. The structural section of all private roads 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.
49. 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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50. 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. Curb, gutter and sidewalk;
b. Storm drain; and
c. Street light.
In addition, 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
51. 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:
i. Curb, gutter and sidewalk;
ii. Storm drain; and
iii. Street light.
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:
i. Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
ii. 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
52. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project.
53. 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.
54. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
55. 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.
56. 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.
57. The developer shall design and construct public water and storm drain facilities substantially as
shown on the tentative map to the satisfaction of the district engineer and city engineer.
58. The developer shall provide separate potable water meters for each separately owned unit within
this subdivision.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
59. This tentative map shall expire two (2) years from the date on which the Planning Commission
voted to approve this application.
60. 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.
61. 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.
62. 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.
63. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
64. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
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65. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
66. Developer shall provide the following note on the final map of the subdivision and final mylar of
this development submitted to the City:
a. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control
Point for each General Plan land use designation. Development cannot exceed the Growth
Control Point except as provided by Chapter 21.90. The land use designation for this
development is Residential Low-Medium Density (RLM) 0-4 dwelling units per non-
constrained acre.
Lots 1-11 were used to calculate the intensity of development under the General Plan and
Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these lots must
also include Lots 1-11 under the General Plan and Chapter 21.90 of the Carlsbad Municipal
Code.”
67. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
68. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
69. 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.
70. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
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