HomeMy WebLinkAbout2016-09-07; Planning Commission; Resolution 71951
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PLANNING COMMISSION RESOLUTION NO. 7195
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND
PLANNED DEVELOPMENT PERMIT FOR 150, TWO-STORY, AIRSPACE
CONDOMINIUMS DESIGNED AS DUPLEXES AND TRIPLEXES WITHIN
PLANNING AREA R-4 OF THE QUARRY CREEK MASTER PLAN, LOCATED ON
THE NORTH SIDE OF MARRON ROAD AND THE SOUTH SIDE OF ADOBE
SPRINGS ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK-PA R-4 (EAST)
CASE NO.: CT 15-09/PUD 15-i8
WHEREAS, Presidio Cornerstone QC, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad described as:
Lot 4 of Carlsbad Tract Map CT 11-04, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof no. 16038,
filed in the Office of the County Recorder of San Diego, on July 10, 2015
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
Planned Development Permit as shown on Exhibits "A-WW" dated September 7, 2016, on file in the
Planning Division, CT 15-09/PUD 15-18-QUARRY CREEK -PA R-4 (EAST) as provided by Title 20 and
Chapter 21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 7, 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 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 Planning Commission
APPROVES CT 15-09/PUD 15-18 -QUARRY CREEK -PA R-4 (EAST), based on the
following findings and subject to the following conditions:
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Findings:
Tentative Tract Map, CT 15-09
1.
2.
3.
4.
5.
6.
7.
8.
9.
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 as discussed in the project staff report,
the project is consistent with the Quarry Creek Master Plan, MP 10-01(A), which was analyzed
and found to be consistent with the goals, objectives and policies of the city's General Plan;
Title 20, including the Subdivision Map Act; and Title 21, including the Planned Development
Ordinance, as applicable .
. That the proposed project is compatible with the surrounding future land uses as the multi-family
residential use implements the Quarry Creek Master Plan, which includes the preservation of
open space to the north of the site, the development of a community recreational facility to the
east, and a community facilities site to the southeast and west.
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 ordinance and the Quarry Creek Master Plan (MP 10-01(A)) are incorporated
into the project, including compliance with a minimum density of 12 dwelling units per acre.
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 the proposed residential airspace
condominium units have a north, south, east and west orientation thereby allowing for passive
or natural solar heating and cooling opportunities.
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.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the proposed development is located on a previously graded site. The biological mitigation
measures associated with the Quarry Creek Master Plan have been implemented and
integrated into the project and no additional mitigation is required.
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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10. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing streets can accommodate the estimated
increase of 1,200 ADTs, as analyzed in the Quarry Creek Master Plan, and all required public
right-of-way has been or will be dedicated and has been or will be improved to serve the
development. In addition, the traffic mitigation measures associated with the implementation
of the Quarry Creek Master Plan are required to be satisfied prior to issuance of building
permits.
Planned Development Permit, PUD 15-18
11.
12.
13.
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 project is proposing an attached multi-family product that
was envisioned and approved as part of the Quarry Creek Master Plan. The proposal to
construct 150 airspace condominiums designed as duplexes and triplexes is consistent with
Planning Area R-4 (EAST} and the proposed density of 13.2 dwelling units per acre (du/ac)
complies with the minimum density of 12 du/ac. Ultimately, a community recreation center
will be developed to the east and a community facility such as a daycare or a church, are
envisioned to be developed on the Community Facilities sites to the southeast. Finally, the
project generated traffic (1,200 ADTs) can be accommodated on the surrounding streets and
has been previously analyzed pursuant to the Environmental Impact Report which was
prepared for the Quarry Creek Master Plan (EIR 11-02) and certified by the City Council on April
2, 2013.
The project will not adversely affect the public health, safety, or general welfare, in that the
project has been designed to comply with all applicable development standards to ensure
compatibility with surrounding residential, open space and community facility 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 project's proposed architecture consists of a variety of roof planes, three
different styles, Spanish Mediterranean, Tuscan, and Craftsman, and a total of nine (9) different
color schemes.
The Spanish Mediterranean architectural style incorporates a concrete "S" tile roof, plaster
corbels, decorative metal grilles, vent tiles, fabric awnings, and plaster eaves and trim. The
Tuscan architectural style includes a concrete "S" tile roof, stone and brick veneer, wood
shutters, rafter tails and plaster corbels as well as decorative recesses. The Craftsman theme
includes a flat concrete tile roof, wood shutters, horizontal lap siding, board and batten siding,
plaster recesses, decorative corbels, wood knee braces, wood guardrails, and trellis details
above the front doors. In addition, the exterior color schemes for each design include
complementary trim colors.
A cohesive landscape theme is proposed throughout the development and enhanced paving is
provided at the main driveways off of the public streets, as well as a few locations which are
more internal to the site.
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California Environmental Quality Act
14. The Planning Commission has determined that:
General
15.
a.
b.
c.
d.
e.
f.
The project is a subsequent activity of the Quarry Creek Master Plan (MP 10-01(A)) for
which a program EIR (EIR 11-02) was prepared, and a notice for the activity has been
given, which includes statements that this activity is within the scope of the program
approved earlier, and that the program EIR adequately describes the activity for the
purposes of CEQA) [15168(c)(2) and (e)];
This project is consistent with the Quarry Creek Master Plan cited above;
The Quarry Creek Master Plan EIR 11-02 was certified in connection with the prior project
or plan;
The project has no new significant environmental effect not analyzed as significant in the
prior EIR;
None ofthe circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist; and
Planning Commission finds that all feasible mitigation measures identified in the Quarry
Creek Master Plan EIR 11-02, which are appropriate to this Subsequent Project have been
incorporated into this Subsequent Project.
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
September 7, 2016, including, but not limited to the following:
a. Land Use: Planning Area R-4 (EAST) of the Quarry Creek Master Plan has a General Plan
Land Use designation of Residential, 8-15 dwelling units per acre (R-15). The project has
a proposed density of 13.2 du/ac, which complies with the minimum density of 12 du/ac
for PA R-4. A total of 214 dwelling units were originally anticipated to be constructed
within Planning Area R-4. Currently, a total of 206 units are anticipated to be developed
in PA R-4. The proposed project entails the first phase of the development of PA R-4
and includes 150 units; the second phase, to be brought forward to the Planning
Commission at a future date, is anticipated to include the development of 56 units. To
ensure that the minimum overall unit count for the Quarry Master Plan is achieved, the
difference of eight (8) units has been transferred to Planning Area R-2 (PA R-2), which
is also designated as a high density, multi-family site. The Site Development Plan for
PA R-2, including the above-noted transfer of units, was approved by the Planning
Commission on May 4, 2016 (SOP 15-22). This transfer of units to another residential
planning area is permissible pursuant to Section 8.3 the Master Plan. No units are
required to be withdrawn from the Excess Dwelling Unit Bank (EDUB) as the units were
transferred with the approval of the Quarry Creek Master Plan.
b. Housing: The proposed project is consistent with the Housing Element of the General
Plan and the city's lnclusionary Housing Ordinance in that the requisite inclusionary
housing will be provided in Planning Area R-1 of the Quarry Creek Master Plan.
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16.
17.
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c.
d.
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f.
Public Safety: The project is located within a five minute response time of Fire Station
No. 3 and has been designed to comply with the fire code, including provisions for an
automatic sprinkler system within each condominium unit.
Open Space & Conservation: The project will not have any environmental impacts on
the previously-graded site which is void of sensitive habitat. In order to control the
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.
Noise: Noise walls are not required since the existing and future noise levels are
projected to be 60 dBA CNEL or less. Pursuant to the mitigation measures of the Quarry
Creek Master Plan, prior to issuance of the building permit, a registered acoustician
shall verify that the project complies with the interior noise standard of 45 dBA CNEL or
less.
Circulation: Two vehicular access points to the project site are proposed off of Adobe
Springs Road, which borders the northern boundary of the site. In addition, a number
of private drive aisles provide direct access to the units.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 25 and all city public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a.
b.
c.
d.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
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.
The Local Facilities Management fee for Zone 25 is required by Car~sbad 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 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.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading
3 permit, building permit or recordation of the final map, whichever occurs first.
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1.
2.
3.
4.
5.
6.
If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Tentative Tract Map and
Planned Development Permit.
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.
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/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, emp~oyees, 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.
Prior to submittal ofthe building plans, improvement plans, grading plans, orfinal map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" COfPY of the (Tentative
Map/Planned Development Permit), conceptual grading plan and preliminary utility plan
reflecting the conditions approved by the final decision making body. The copy shall be submitted
to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and
project engineer. If no changes were required, the approved exhibits shall fulfill this condition.
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7.
8.
9.
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14.
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.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 25 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 No. 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 a.lso pay any applicable Local Facilities Management Plan fee for Zone
25, 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.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and. thriving condition, fre•e from weeds, trash,
and debris.
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 submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Tentative Tract Map and Planned Development Permit by
Resolution No. 7195 on the property. Said Notice of Restriction shal~ note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
15. 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:
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a.
b.
c.
d.
e.
f.
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 the 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 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.
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 a Illegal 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 ___ _
Garages: The two-car garage for each unit shall be kept free and clear to allow for the
parking of two cars at all times.
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16.
17.
18.
This project is being approved as a condominium permit for residential ownership purposes. If
any of the units in the project are rented, the minimum time increment for such rental shall be
not less than 31 days. The CC&Rs for the project shall include this requirement.
Prior to issuance of the building permit, the Developer shall submit and obtain City Planner
approval of an exterior lighting plan for the development.
The project shall comply with all applicable mitigation measures of the Mitigation, Monitoring,
and Reporting Program for Environmental Impact Report EIR 11-02 of the Quarry Creek Master
Plan.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this pmposed subdivision must be met prior to approval of a final map, building or grading permit
whichever occurs first.
General
19.
20.
21.
22.
23.
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 Engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities, street
trees, sidewalks, landscaping, street lighting, enhanced paving, water quality treatment
measures, low impact development features, storm drain facilities, etc. located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
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 install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/ Agreements
24.
25.
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.
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Grading
26.
27.
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29.
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32.
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.
Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the tentative final map all subject to City Engineer approval
Developer shall comply with the city's storm water 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.
Prior to the issuance of a grading permit, developer shall submit to the City Engineer receipt of a
Notice of Intent from the State Water Resources Control Board.
Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall
submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER
3 SWPPP shall comply with current requirements and provisions established by the San Diego
Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
identify and incorporate measures to reduce storm water pollutant runoff during construction of
the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan
review and inspection fees per the city's latest fee schedule.
Developer shall prepare and submit an updated Storm Water Management Plan (SWMP), subject
to City Engineer approval, to demonstrate that the design of this project is consistent with the
design assumptions in the previously approved Quarry Creek Master SWMP and that no design
changes are necessary to the existing bioretention BMPs per approved rough grading plan, DWG
484-5A. In addition, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped
(pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and
inspection fees per the city's latest fee schedule.
Developer 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.
24 Dedications/Improvements
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33. Developer shall cause owner to dedicate to the city Adobe Springs Road Cul-de-Sac for the Public
Street & Public Utility 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.
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34.
35.
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39.
Developer shall cause owner to dedicate to the city, an emergency access easement within
Private Driveways as shown on the tentative parcel map. The offer shall be made by a certificate
on the final map or separate recorded document. All land so offered shall be free and clear of all
liens and encumbrances and without cost to the city. Additional easements may be required at
final design to the satisfaction of the City Engineer.
Developer shall design all proposed public improvements including but not limited to Adobe
Springs Road street improvements, pedestrian ramps, driveways, sidewalks, water
services/meters, etc. as shown on the tentative map. These improvements shall be shown on one
of the following, subject to City Engineer approval:
A. Construction Revision to an existing record public improvement drawing DWG 484-5.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
Developer shall design and post security for all proposed private improvements including but
not limited to private driveways and sidewalks, private water and sewer mains, water services,
sewer laterals, fire services, etc. as shown on the tentative map. The design shall conform to
the City of Carlsbad Standards to the satisfaction of the City Engineer. These private
improvements including but not limited to the following, shall be shown on a separate
improvement plan labeled as "Private Improvement Plans", subject to City Engineer approval:
A}
B)
C)
D)
Private driveways A, B, C, D, E, F, G, H, and I. The structural section of all private
driveways shall conform to City of Carlsbad Standards based on R-value tests.
Private potable water main and services
Private fire water main, fire services and fire hydrants
Private sewer main and laterals
All private improvements shall be inspected by the city. Developer shall pay the standard
improvement plan check and inspection fees using improvement valuations in accordance with
the city's current fee schedule.
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 design the on-site fire services, as shown on the tentative map, to the satisfaction
of the Fire Marshal.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
40. Prior to issuance of building permits, developer shall install private sewer main and private sewer
services to the satisfaction of the City Engineer.
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Non-Mapping Notes
41. Add the following notes to the final map as non-mapping data:
Utilities
42.
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A.
B.
c.
D.
Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
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.
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.
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.
Developer shall meet with the fire marshal to determine fire protection measures (fire services,
fire flows, fire hydrants and building sprinklers) required to serve the project. Fire hydrants and
building sprinklers served by private onsite fire water main shall be designed to the satisfaction
of the Fire Marshal.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
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 private improvement plans.
The developer shall design landscape and irrigation plans utilizing recycled water as a source and
prepare and submit a colored recycled water use map to the Planning Department for processing
and approval by the district engineer.
Developer shall record a deed restriction or other such document as approved by the City
Engineer placing future owners on notice that each and every residential unit is served by a
master meter, and in the event that the water bill is not paid by the party or entity responsible
for paying the monthly water service charges to CMWD, CMWD may at its direction shut off the
water service in accordance with CMWD adopted rules and regulations.
Developer shall install a private sub-meter for each separately established residence within a
multi-ownership building having a single potable water service connection and meter.
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Code Reminders:
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The project is subject to all applicable provisions of local ordinances, including but not limited to the
3 following:
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48.
49.
so.
51.
52.
53.
54.
55.
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57.
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 Public 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 25 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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.
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 site plan are for planning purposes only.
This tentative map shall expire two years from the date on which the Planning Commission voted
to approve this application.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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.
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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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on September 7, 2016, by the following vote, to wit:
AYES: Chairperson Anderson, Goyarts, L'Heureux, Montgomery and Segall
NOES: None
ABSENT: Commissioners Black and Siekmann
ABSTAIN: None
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
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