HomeMy WebLinkAbout2016-04-20; Planning Commission; Resolution 71631
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PLANNING COMMISSION RESOLUTION NO. 7163
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE MAP, PLANNED
DEVELOPMENT PERMIT; SITE DEVELOPMENT PLAN, HILLSIDE
DEVELOPMENT PERMIT~ AND HABITAT MANAGEMENT PLAN PERMIT TO
ALLOW FOR THE CONSTRUCTION OF A 35-UNIT CONDOMINIUM PROJECT
ON A 3.67 GROSS ACRE SITE GENERALLY LOCATED BIETWEEN THE
TERMINUS OF ALIIVA PLACE AND ALTISMA WAY, AND NORTH OF
ALICANTE ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: CASCADA VERDE
CASE NO.: CT 15-01/PUD 15-03/SDP 15-02/HDP 15-02/HMP 16-02
WHEREAS, Lanshire Housing Partners, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Parcel 4 of Parcel Map No. 13158, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of
San Diego County, February 21, 1984 as Instrument No. 84-061796 of
Official Records
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Map, Planned
Development Permit, Site Development Plan, Hillside Development Permit, and Habitat Management Plan
Permit as shown on Exhibits "A" -"LLL" dated April 20, 2016, on file in the Planning Division, CT 15-
01/PUD 15-03/SDP 15-02/HDP 15-02/HMP 16-02-CASCADA VERDE as provided by Chapter 21.45 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on April 20, 2016, 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 all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Map/Planned Development Permit/Site Development Plan/Hillside Development
Permit/Habitat Management Plan 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.
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B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES CT 15-01/PUD 15-03/SDP 15-02/HDP 15-02/HMP 16-02-CASCADA VERDE
based on the following findings and subject to the following conditions:
Findings:
1. 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 April
20, 2016 including, but not limited to the following:
a. Land Use Goal 2-G.3: Promote infill development that makes efficilent use of limited land
supply, while ensuring compatibility and integration with existing uses. Ensure that infill
properties develop with uses and development intensities supporting a cohesive
development pattern. The applicant is proposing to develop a vacant infill site with
challenging topography and habitat constraints. The residential buildings are located in
areas that minimizes impact on the habitat while limiting the impact on adjacent residential
development. The buildings are three stories tall, but have been designed so that two
stories are visible to the surrounding development. The residential project density at 11.5
du/ac is consistent with the R-15 General Plan land use designation density of 8-15 du/ac.
b. Housing Goai10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the
city to meet the needs of current lower and moderate income households and those with
special needs, and a fair share proportion of future lower and moderate income households.
The project has provided five affordable housing units onsite and is conditioned to enter
into an affordable housing agreement for those units. AdditionaUy, the development of
multi-family housing units at a density of 11.5 du/ac provides the opportunity for
moderately affordable housing in contrast to single-family home!S within the southeast
quadrant of the city.
c. Public Safety Policy 6-P.28: Encourage physical planning and community design practices that
deter crime and promote safety. The project site is located within a less than five (S) minute
response time of Fire Station No. 2 and has been designed to comply with the fire code,
including provisions for an automatic sprinkler system within each dwelling unit.
d. Open Space & Conservation Policy 4-P.9: Maintain and implement the city's Habitat
Management Plan (HMP), including the requirement that all development projects comply
with the HMP and related documents. Require assessments of biological resources prior to
approval of any development on sites with sensitive habitat. The site is identified as a
"Development Area" in the HMP. A Biological Technical Report (BTR) was prepared for the
site and determined that there will be impacts to 1 acre of riparian woodland (Habitat
Group A), .33 acres of native grassland (Habitat Group B), .28 acres of unoccupied coastal
sage scrub (Habitat Group D), .26 acres of non-native grassland (Habitat Group E), .57 acres
of eucalyptus woodland (Habitat Group F), and .22 acres of disturbed land (Habitat Group
F). Impacts to Habitat Groups A and B will be mitigated at a 3:1 ratio offsite and impacts to
Groups D, E and F can be satisfied through payment of an in-lieu fee.
Approximately .11 acres of nonnative grassland, coastal sage scrub, and ornamental
vegetation to be affected by project-related activities associated with drainage realignment
will be used for on-site creation of wetland habitat. Upon completion of grading and
construction activities, these areas will be planted with native container plants, cuttings,
and seeds. Approximately .23 acres of riparian woodland to be temporarily affected by the
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2.
project-related activities will be restored. These areas will also be planted with wetland
container plants, cuttings, and seed. Approximately .49 acres of riparian woodland within
the southern half of the drainage will not be affected by project-related activities. This land
will be enhanced, meaning that all nonnative species will be removed. A total of .84 acres
of on-site creation (.11 acres), restoration (.25 acres), and enhancement (.49 acres) would
be used to offset anticipated mitigation for impacted habitat areas.
Policy 4-P.58: Require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate or reduce the projected increases in pollutant
loads. Do not allow post-development runoff from a site that would cause or contribute to an
exceedance of receiving water quality objectives or has not been reduced to the maximum
extent practicable. The project is conditioned to conform to all NII>DES requirements and
has been designed to include structural pollutant control, site design and source control.
For example, there are two bio-retention basins located at the southerly portion of the site
to treat all developable portions of the site. A Storm Water Quality Management Plan
{SQWMP) consistent with the Carlsbad BNP Manual will be required at final construction
review.
e. Noise Goal 5-G.2: Ensure that new development is compatible with the noise environment,
by continuing to use potential noise exposure as a criterion in land use planning. 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 2035}, and is outside the 60 dB(A) CNEL noise contour
as indicated in Exhibit 111-1 of the McClellan-Palomar Airport Land Use Compatibility Plan
(ALUCP). To insure that the City of Carlsbad Noise Guidelines Re~sidential Interior Noise
Standard of 45 dB(A) CNEL is achieved, future homes have been Cl[)nditioned to provide a
noise assessment prior to issuance of building permit(s).
f. Circulation Goal 3-G.1: Keep Carlsbad moving with livable streets that provide a safe,
balanced, cost-effective, multi-modal transportation system (vehicles, pedestrians, bikes,
transit), accommodating the mobility needs of all community members, including children,
the elderly and disabled. The project has frontage along Altisma Way, Alicante Road, and
Altiva Place. The frontage along Alicante Road and Altiva Place already include curb, gutter,
and sidewalk. However, a majority of Altisma Way has curb and gutter but no sidewalks
have been installed. The developer is proposing to install a five (5) foot wide pervious
sidewalk for the remainder of Altisma Way which will assist in improving the pedestrian
experience. The circulation system h;;~s been designed in conformance with Land
Development Engineering Division and Fire Department design standards and complies
with all other applicable City design standards.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 6 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,
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a. The project has been conditioned to provide proof from the San Marcos 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 6 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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 eKactions 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.
Tentative Map (CT 15-01)
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That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the Gem~ral 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 finding number one of this 1resolution; is consistent
with all minimum requirements of Titles 20 and 21 governing lot :size and configuration;
improves the drainage for the unnamed creek by increasing the size of the culvert underneath
Alicante Road from 72 inches to 96 inches; and has been designed to comply with all applicable
city regulations.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential development on the General IPian and are developed
with multi-family homes of comparable densities and lot sizes. For example, Spyglass Pointe
condominiums (CT 84-10) to the east is developed on 4.7 acres at 17 diU/ac, and Alicante View
Apartments (SOP 85-11) was developed on 5.12 acres at 14.5 du/ac.
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 except fc)r the request to reduce
the setback from a secondary arterial street (Aiicante Road) as required in Section 21.45.060
(Table C) of the Carlsbad Municipal Code. The Planned Development ()rdinance has a setback
requirement of 30 feet from a secondary arterial street. Alicante Road is classified as a
secondary arterial street. Section 21.53.120(8) of the C.M.C. allows for less restrictive
development standards for projects that provide affordable housing o1n-site provided that the
project is in conformity with the General Plan and adopted policies and goals of the city and it
would have no detrimental effect on public health, safety and welfare. The project is consistent
with the General Plan as discussed in finding number one of this reso1lution and the reduced
setback (from 30 feet to 24) feet does not negatively impact the safet~· of Alicante Road, from
which the reduced setback is from.
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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.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
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 units are oriented to allow for solar
exposure and take advantage of prevailing breezes.
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 by providing affordable
housing on-site to low-income households (five units) and the constru1c:tion of attached multi-
family units at the proposed density provides moderately affordlable housing units in
comparison to single-family detached units within the southeast quadrant of the City of
Carlsbad.
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 staff has conducted an environmental impact assessment to determine if the project could
have any potentially significant impacts on the environment. The environmental impact
assessment identified potentially significant impacts to biological and a1rchaeological resources,
and mitigation measures have been incorporated into the design of the project or have been
placed as conditions of approval for the project such that all potentially significant impacts will
be mitigated to a below level of significance.
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 proje<:t 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 conditicmed to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
Planned Development Permit, PUD 15-02
14. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 11.5 dwelling units per acre for the 35-unit multi-family residential air-space
condominium project is consistent with the R-15 General Plan land use designation (15-23
du/ac). The project is consistent with all minimum development and design standards
applicable to the property as contained in Chapters 21.24 Residential Density-Multiple (RD-M)
Zone and 21.45 (Planned Developments) of the Carlsbad Municipal Code, except for a requested
reduction in the setback from a secondary arterial street which is disc:ussed and justified and
further detail in finding number seven of this resolution.
15. 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 35-unit multi-family residential ;air-space condominium
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16.
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project is compatible with existing surrounding multi-family developments as permitted by the
Residential Density-Multiple {RO-M) and is proposed to be constructed at a density {11.5 du/ac)
that falls within the range of the applicable R-15 General Plan land use designation; and does
not create any traffic circulation impacts as Alicante Road is adequately designed to
accommodate the 280 Average Daily Trips (ADT) being generated.
The project will not adversely affect the public health, safety, or general! welfare, in that the 35-
unit multiple-family residential air-space condominium project has bE!en designed to comply
with all applicable development standards to ensure compatibility with surrounding multiple-
family residential uses.
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 the 35-unit multi-family residential air-space condominium project is designed
so that the garages and majority of the three-story elevations face the interior of the site
minimizing the visual impacts from the surrounding streets and development. All of the
buildings utilize a Mediterranean-style architecture and are architectur;ally compatible with the
surrounding neighborhood. The building facades display multiple recesses and projections
while incorporating design features such as arches, decorative railings, canvas awnings,
decorative ceramic tile, decorative corbels, decorative metal grilles, wood brackets, decorative
finials/spires and plaster detailing. The roof planes are varied and a concrete tile roof is used
for all buildings. The site layout is designed so that residents can view the creek and habitat
area below with a concrete walkway winding throughout the site with benches intermittently
placed and common recreation amenities such as a spa, picnic area, putting green and a tot lot
are provided.
Site Development Plan (SOP 15-03)
18. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives ofthe General Plan, 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 circulation, in that the
project consists of the construction of 35-unit multi-family residential air-space condominiums
on a 3.67 gross acre infill site. The site is predominately surrounded by single-family and multi-
family residential developments. The proposed multi-family residential project at a density of
11.5 du/ac is consistent with the R-15 (8-15 du/ac) General Plan Land Use designation. The
project is consistent with the various elements and objectives of the General Plan as discussed
in finding number one of this resolution. The proposed multi-family residential use will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that, multi-family residential is a use permitted within the Residential-Density
Multiple (RO-M) Zone and is compatible with the other residential uses surrounding the project
site. The 35-unit multiple-family residential condominium project will not adversely impact the
site, surroundings, or traffic circulation in that the existing surrounding streets have adequate
capacity to accommodate the 280 Average Daily Trips-(ADT) generated by the project; the
project complies with all minimum development standards of the Catrlsbad Municipal Code,
including but not limited to the RO-M zone and the Planned Development Ordinance; and the
project is adequately parked onsite and does not result in and mitigates environmental impacts
to a level that is considered less than significant.
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That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the 35-unit multiple-family residential air-space condominium project complies
with all of the minimum development standards (i.e. side and rear setbacks, lot coverage,
parking, and height restrictions) of the Residential-Density-Multiple (RO-M) Zone and the
Planned Development Ordinance, except for a requested reduction in the setback from a
secondary arterial street which is discussed and justified with further detail in finding number
seven of this resolution.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the 35-unit detached residential air-space
condominium project complies with all of the minimum development standards (i.e. side and
rear setbacks, lot coverage, parking, and height restrictions) of the Residential-Density-Multiple
(RO-M) Zone and the Planned Development Ordinance, except for a requested reduction in the
setback from a secondary arterial street which is discussed and justified and further detail in
finding number seven of this resolution. Landscaping throughout the project site will be
provided consistent with the requirements of the city's Landscape Manual. in addition to the
above, existing privacy fences will be maintained or replaced consistent with the development
standards in the zoning ordinance.
That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the 35-unit multi-family residential air-space
condominium project will take access off of Altisma Place and Altisma Way, which are identified
as local/neighborhood streets, however, most vehicles are anticipated to utilized Alicante Road
which is a neighborhood connector street and is designed to adequately handle the 280 Average
Daily Trips (ADT} generated by the project. Alicante Road is already fully improved with
pavement, curb, gutter, parkway and sidewalk. The project will reconstruct portions of the
curb, gutter and sidewalk along the project frontages due to the new driveway entrances.
Hillside Development Permit (HOP 15-02}
22.
23,
24.
Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been
properly identified.
The project complies with the purpose and intent provisions of Section 21.95.010 of this chapter
in that a) the project is consistent with the Land Use and Open Space/Conservation elements of
the General Plan since portions of on-site habitat will be restored and placed under a
conservation easement and the impacts to riparian and native grassland habitat will be
mitigated off-site at a ratio of 3:1; b) the existing hillside conditions have been properly
identified on a slope analysis and slope profile and have been incorporated into the project; c)
the project design and grading will preserve and enhance the aesthetic qualities of the site by
limiting the area of grading and the eight multi-family buildings are designed so that they are
parallel with the existing contours of the site; d) the slopes which have been identified as
natural slopes {Exhibit "D") are proposed to be graded in a manner that will limit the impact to
the habitat area by providing retaining walls that will prevent erte»sion and allowing for
restoration and preservation of the riparian woodland and wetland .
The project design substantially conforms to the hillside development guidelines manual in that
the proposed grading volume (3,678.9 cubic yards/acre) falls within the acceptable level per
C.M.C. 21.195.140(0). None of the manufactured slopes exceed a heiight of 40 feet, and the
slopes which are over 20 feet in height and 200 feet in length are cc1ntour graded so that it
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follows the outline of the creek bed below. Cascading vines are planted atop all of the retaining
2 walls for screening purposes, and the portions of the slope are supported by soil retention
retaining walls with an earth tone color and are plantable. The remainder of the retaining walls
3 will use a CMU block that will have a stucco finish with a texture and color to match the
buildings. The eight multi-family buildings and private drive aisles on site are designed so that
4 they are parallel with the existing contours.
5 Habitat Management Plan Permit, HMP
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That APN 215-240-36 of the Cascada Verde project is shown in Figure 28 of the approved HMP as
a "Development Area," and is not a proposed hardline or standards area. The site is also
identified as part of LinkE in the HMP.
That authorization to impact sensitive habitats through the removal of 1 acre of riparian
woodland {Habitat Group A), .33 acres of native grassland (Habitat Group B), .28 acres of
unoccupied coastal sage scrub (Habitat Group D), .26 acres of nonnative grassland (Habitat
Group D), .57 acres of eucalyptus woodland {Habitat Group F), and .22 acres of disturbed land
(Habitat Group F) is subject to continuous compliance with all provisions of the Habitat
Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental
Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the
Incidental Take Permit, and the Biological Opinion.
That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Mitigation Monitoring and Reporting Program, and
Addendum and is subject to all conditions contained in Planning Commission Resolution No. 7162
for those other approvals, including but not limited to recordation of conservation easements
over all conserved areas and management and monitoring in perpetuity by a qualified
conservation entity.
That authorization to impact sensitive habitats is subject to continuous compliance with the
provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final
Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered
Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area
(SCH No. 93121073).
That all impacts to habitat will be incidental to otherwise lawful activities related to construction
and operation of the Cascada Verde project ..
30. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, taller
retaining walls are proposed so the area of grading is limited and does not have as much of an
impact if the retaining walls were terraced. The riparian woodland area will be restored and
enhanced by removing non-native species and upon completion of grading and construction,
the area will be planted with native container plants, cuttings, and seed. This in turn will serve
to maintain and enhance Linkage E which serves to connect Core Areas 6 and 7 is identified in
the HMP. There is no buffer provided between the development and the riparian area.
However, there is a difference in grade of 6-12 feet from the condominium units and the
riparian area below. The project is designed with the buildings located as close to the outer
edges of the property as possible and furthest from the riparian area which traverses through
the center of the property. This, in addition to the retaining wall heights which are over 10 feet
tall in some areas, assist in minimizing the edge effects of development such as noise and
lighting.
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That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing. Agreement.
That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the spe.cies in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
That the City Planner is authorized to sign the Take Permit.
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 bt:!en conditioned to pay
habitat in-lieu fees for impacts to .28 acres of Group D habitat, .13 acres of Group E habitat
(non-native grassland), and .79 acres of Group-F habitat (eucalyptus woodland and disturbed
land).
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of a final
17 map, issuance of a grading or building permit, whichever occurs first.
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1.
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If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Tentative Map/Planned
Development Permit/Site Development Plan/Hillside Development Permit/Habitat
Management Plan Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Map/Planned Development Permit/Site Development
Plan/Hillside Development Permit/Habitat Management Plan 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.
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Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations''in effect at the time of building permit issuance.
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.
Developer shall implement, or cause the implementation of, the Cascada Verde Project Mitigation
Monitoring and Reporting Program and Addendum.
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 Map/Planned D~!velopment Permit/Site
Development Plan/Hillside Development Permit/Habitat Management Plan 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 a Illegal proceedings have lbeen concluded and continues
even if the City's approval is not validated.
Developer shall submit to the Planning Division a reproducible 24" x 36" mylar copy of the
Tentative Map reflecting the conditions approved by the final decision-making body.
Prior to the issuance of a building permit, the Developer shall [provide proof to the Building
Division from the San Marcos Unified School District that this project has satisfied its obligation
to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
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.
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
6, 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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Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction, executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a Tentative
Map/Planned Development Permit/Site Development Plan/Hillside Development
Permit/Habitat Management Plan Permit by Resolution No. 7163 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.
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.
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.
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 parcel 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.
b.
c.
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.
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.
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 1the 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.
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d.
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f.
Special Assessments Levied by the City. In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The City shall
provide a copy of such invoice to each Owner in the Project, together with a statement that
if the Association fails to pay such invoice in full within the time specified, the City will
pursue collection against the Owners in the Project pursuant to the provisions of this
Section. Said invoice shall be due and payable by the Association within twenty (20) days
of receipt by the Association. If the Association shall fail to pay such invoice in full within
the period specified, payment shall be deemed delinquent and shall be subject to a late
charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the
City may pursue collection from the Association by means of any remedies available at law
or in equity. Without limiting the generality of the foregoing, in addition to all other rights
and remedies available to the City, the City may levy a special assessment against the
Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late
charge. Such special assessment shall constitute a charge on the land and shall be a
continuing lien upon each Lot against which the special assessment is levied. Each Owner
in the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or
to pursue lien foreclosure procedures against any Owner and his/her respective Lot for
purposes of collecting such special assessment in accordance with the procedures set forth
in Article of this Declaration.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ _
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 ___ _
This project is being approved for residential homeownership purposes. If any of the units in the
project are rented, the minimum time increment for such rental shall be not less than 30 days.
The CC&Rs for the project shall include this requirement.
Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with
the City-approved documents and exhibits.
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
6, 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.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
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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.
Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities
as shown on Exhibit "U."
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 diisclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, 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.
Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, 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.
Developer shall post a sign in the sales office, or inside each unit, 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.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a
conservation easement for the conservation, protection, and management of fish, wildlife, native
plants and the habitat necessary for biologically sustainable populations of certain species
thereof, in accordance with the City's adopted Habitat Management Plan.
Developer shall dedicate, on the final map, an open space easement for those portions of LOT 2
and LOT 3 which are (in slopes, wetlands, coastal sage scrub, or other constrained land plus all
other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment
or development, including but not limited to fences, walls, decks, storage buildings, pools, spas,
stairways, and landscaping, as shown on Exhibit "T."
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30.
31.
32.
33.
Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the
Developer shall take the following actions to the satisfaction of the City Planner in relation to the
open space lot(s) which are being conserved for natural habitat in conformance with the City's
Habitat Management Plan:
a.
b.
c.
d.
e.
Select a conserVation entity, subject to approval by the City, that possesses qualifications
to manage the habitat area for conservation purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City for
estimating the costs of management and monitoring of habitat area in perpetuity in
accordance with the requirements of the North County Multiple Habitats Conservation
Plan and the City's Open Space Management Plan.
Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner and conservation entity, if any, in an amount
sufficient for management and monitoring of the habitat area in perpetuity.
Record a Conservation Easement over the habitat area.
Prepare a Preserve Management Plan which will ensure adequate management of the
habitat area in perpetuity.
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. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all approvals
for this project shall become null and void.
Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and
Wildlife Service (USFWS) regarding the impacts ofthe Project; and 2) obtain any permits required
by the USWFS.
If a grading permit is required, all grading activities are prohibited from (February 1st for
gnatcatcher or March 1st for vireo) to (September 15th for gnatcatcher or October 1st for vireo).
All erosion control measures must be installed prior to the initial grading. Any grading extensions
into the grading prohibition period must receive written approval of the City Engineer and the
responsible wildlife agencies (California Department of Fish and Wildlife/United States Fish and
Wildlife Service).
34. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner
a digital copy of the biology report exhibits in ESRI-Shapefile format registered to NAD 83
California State Plane Coordinate System Zone 6 {FIPS 406), US Survey Feet. The City Planner has
the discretion to waive this condition based on factors such as the scope of the study and the
format in which the exhibits were prepared.
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35.
36.
37.
38.
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 five dwelling
units 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.
Developer shall construct the required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the City and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
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.
The soil retention retaining walls and CMU block retaining walls shall use an earth-tone color
to the satisfaction of the City Planner.
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39.
40.
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42.
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.
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.
Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan
and conceptual grading plan, preliminary utility plan reflecting the conditions approved by the
final decision making body. The reproducible shall be submitted to the city planner, reviewed and,
if acceptable, signed by the city's project engineer and project planner prior to submittal of the
building plans, improvement plans, grading plans, or final map, whichever occurs first.
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 streets, utilities, street
trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality
treatment measures, low impact development features, storm drain facilities, including private
drainage facilities, the bridge/culvert, drop structures, walls and related appurtenances within
the natural drainage channel etc. located therein and to distribute the costs of such maintenance
in an equitable manner among the owners of the properties within this subdivision.
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.
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44.
45.
46.
Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition ..
Existing vegetation on the slope descending to the natural drainage channel that is also within
the measured vehicular sight distance line along Alicante Street shall be trimmed back and/or
revegetated to comply with city sight distance standards to the greatest extent possible without
violating environmental regulations, all to the satisfaction of the city engineer.
Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to
the city engineer written approval from North County Transit District (NCTD) demonstrating mass-
transit improvement requirements for this project have been satisfied.
Prior to approval oft he final map or issuance of any permits, the developer shall submit and attain
approval from the city engineer a Transportation Demand Management (TDM) Plan as the project
is subject to transportation demand management strategies that reducE~ the reliance on single-
occupant automobiles and assist in achieving the city's livable streets vision. The plan shall include
implementation approaches and timelines. Developer shall cause property owner to submit an
executed copy to the city engineer for recordation a city standard Transportation Demand
Management Implementation Agreement.
All technical studies (i.e. SWQMP, drainage studies, soils reports, etc.) are considered preliminary
during discretionary review and are subject to additional review and modification during final
design.
Fees/ Agreements
47.
48.
49.
50.
51.
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.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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.
Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private decorative pavement and drainage
facilities located over proposed general utility or water easements as shown on the tentative
map. Developer shall pay processing fees per the city's latest fee schedule.
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.
52. Prior to approval of the final map or issuance of any permits, the developer shall enter into an
agreement with the city to pay the city's Transportation System Management Program and
Transportation Demand Management Program fees established as a result of the forthcoming
Traffic Impact Fee Update. The form and content of said agreement shall be to the satisfaction
of the city engineer and city attorney.
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53. Developer may be eligible for reimbursement of money paid for construction of that portion of
Facility DH (Aitiva Place Canyon Restoration and Enhancement Project) as referenced in the
City's Drainage Master Plan based on available funds from the city's funding program for those
facilities. Unless otherwise approved, prior to construction Developer shall enter into a
reimbursement agreement to the satisfaction of the City Engineer, Finance Director and City
Attorney. The reimbursement agreement may also allow for credit or a portion of credit
towards planned local area drainage fees in accordance with Section ll5.08.020 of the City of
Carlsbad Municipal Code in lieu of issuing an equivalent amount of reimbursement funds.
Grading
54.
55.
56.
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. Precise gra1ding shall be shown on
said grading plans.
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" mylar or similar drafting film
format suitable for a permanent record.
Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, construction method
and schedule for the 96 inch RCP crossing Alicante Road, obtaining any necessary permission for
off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various
construction activities.
Storm Water Quality
57.
58.
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 ofthe above
requirements.
Prior to the issuance of grading permit or building permit, whichever occUtrs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TI!ER 3 SWPPP). The TIER
3 SWPPP shall. comply with current requirements and provisions established by the San Diego
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
identify and incorporate measures to reduce storm water pollutant runoff during construction of
the project to the maximum extent practicable. Developer shal! pay all applicable SWPPP plan
review and inspection fees per the city's latest fee schedule.
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59.
60.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
requirements per the Carlsbad BMP Design Manual (BMPDM), latest version. Developer shall pay
all applicable SWQMP plan review and inspection fees per the city's latest fee schedule.
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, pollutant control
BMP, and applicable hydromodification measures.
Dedications/Improvements
61.
62.
63.
64.
65.
Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
general utility and access, drainage, and water 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.
The developer shall abandon the easements identified to be abandoned on the tentative tract
map. The easements may be abandoned on the final map or by separ,ate instrument, subject
to the approval of the city engineer.
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.
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.
B.
c.
D.
E.
F.
G.
Installing storm drain improvements from Altiva Place to the drainage basin.
Installing storm drain improvements from Altisma Way to the drainage basin.
Replacing the existing 72 inch RCP crossing Alicante Road with a 96 inch RCP and related
appurtenances.
Installing on-site and off-site water main and related appurtenances.
Installing sidewalk on Altisma Way.
Installing a driveway approach with pedestrian ramps on Altisma Way and Altiva Place.
installing an all-weather access ramp to the drainage basin ·from Alicante Road to
provide access for maintenance of city drainage facilities. Said access shall be made
available, subject to city provisions, to the project Home Owners Association for
maintenance of private facilities within said basin.
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.
Developer shall cause owner to waive direct access rights on the final map for all lots abutting
Alicante Street.
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66. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
5 Non-Mapping Notes
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67. Add the following notes to the final map as non-mapping data:
A.
B.
c.
D.
Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1) Installing storm drain improvements from Altiva Place to the drainage basin.
2) Installing storm drain improvements from Altisma Way t(ll the drainage basin.
3) Replacing the existing 72 inch RCP crossing Alicante Road with a 96 inch RCP and
related appurtenances.
4) Installing on-site and off-site water main and related appurtenances.
5) Installing sidewalk on Altisma Way.
6) Installing a driveway approach with pedestrian ramps on Altisma Way and Altiva
Place.
7) Installing an all-weather access ramp to the drainage basi1n from Alicante Road to
provide access for maintenance of city drainage facilities. Said access shall be
made available, subject to city provisions, to the tnoject Home Owners
Association for maintenance of private facilities.
Building permits will not be issued for development ofthe subject property unless the
appropriate agency determines that sewer and water facilities are available.
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.
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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68.
69.
70.
71.
72.
73.
74.
75.
Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
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.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
The developer shall design and construct public water, sewer, and recycled water facilities
substantially as shown on the tentative map to the satisfaction of the district engineer and city
engineer.
The developer shall provide separate potable water meters for each separately owned unit within
this subdivision.
The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
At any time that flow through the on-site 14 inch water distribution main is disrupted during
abandonment of a portion of said water main and construction of thE! newly aligned 14 inch
water main, a temporary high-line shall be installed to ensure continuous flow subject to the
satisfaction of the district engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
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76.
77.
This tentative map shall expire two years from the date on which the Planning Commission voted
to approve this application.
Some improvements shown on the tentative map and/or required by these conditions are located
offsite on property which neither the city nor the owner has sufficient title or interest to permit
the improvements to be made without acquisition of title or interest. The developer shall
immediately initiate negotiations to acquire such property. The developer shall use its best
efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the
city engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code
Section 20.16.095 to notify and enable the city to successfully acquire said property by
condemnation.
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78.
79.
80.
81.
82.
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.
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.
Prior to the issuance of a building permit, Developer shall pay a Pulblic Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050.
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.
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
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
• J.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on April 20, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux, Segall
and Siekmann
Commissioner Montgomery
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATIEST:
~~
DON NEU
City Planner
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