HomeMy WebLinkAbout2016-10-05; Planning Commission; Resolution 72021
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PLANNING COMMISSION RESOLUTION NO. 7202
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO
ALLOW FOR THE SUBDIVISION AND GRADING OF A 4.57 ACRE SITE INTO
TWELVE {12) SINGLE-FAMILY RESIDENTIAL LOTS AND ONE {1)
REMAINDER LOT ON PROPERTY LOCATED AT 1835 BUENA VISTA WAY
AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: YADA FAMILY FARM SUBDIVISION
CASE NO.: CT 15-11
WHEREAS, Yada Family Trust, "Owner/Developer," has filed a verified application with
the City of Carlsbad regarding property described as
Portion of Lot 30 of Patterson's addition to the Town of Carlsbad, in the
City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 565, filed in the Office of the County Recorder of San
Diego County on September 22, 1888; and a portion of Section 31,
Township 11 South, Range 4 West, San Bernardino Meridian, in the
County of San Diego, State of California, according to United States
Government Survey
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map as
shown on Exhibits "A" -"F" dated October 5, 2016, on file in the Planning Division, CT 15-11-YADA
FAMILY FARM SUBDIVISION, as provided by Title 20 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 5, 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
CT 15-11 -YADA FAMILY FARM SUBDIVISION, based on the following findings and
subject to the following conditions:
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Findings:
Tentative Tract Map
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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 General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the project implements the goals and
policies of the General Plan as discussed in the General Findings section below; is consistent
with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has
been designed to comply with all applicable City regulations.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential development on the General Plan and are developed
with single-family homes of comparable densities and lot sizes.
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 design without the need for
variances from development standards.
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 lots 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.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that no native or wetland type habitats or natural drainage areas exist on site.
9. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
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10.
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees for impacts to 3.7 acres of Group-F habitat (i.e., Agricultural Lands).
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.
California Environmental Quality Act
11. The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration, Mitigation
Monitoring and Reporting Program and Addendum for CT 15-11 -YADA FAMILY FARM
SUBDIVISION, the environmental impacts therein identified for this project and comments
thereon prior to APPROVING the project; and ·
b. the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and
Addendum have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures
of the City of Carlsbad; and
c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the project will
have a significant effect on the environment.
General
12. 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
October 5, 2016 including, but not limited to the following:
The General Plan Land Use designation for the property is R-4 Residential (R-4). The R-4 land
use designation allows for the development of one-family residential units within a density
range of 0-4 dwelling units per acre with a Growth Management Control Point {GMCP) of 3.2
dwelling units per acre. The project site has a net developable acreage of 4.57 acres. At the
GMCP, 15 dwelling units would be permitted on this 4.57 net developable acre property.
Although the project is below the GMCP for the R-4 General Plan Land Use designation by two
{2) dwelling units, the General Plan Land Use Element allows the City to approve residential
development at a density that is below the GMCP for the applicable density range provided that
the proposed residential density {2.8 du/ac, 13 dwelling units) is within the R-4 density range
of 0-4 du/ac. Consistent with Program 3.2 of the City's certified General Plan Housing Element,
all of the dwelling units which were anticipated toward achieving the City's share of the regional
housing needs that are not used by developers in approved projects will be deposited in the
City's Excess Dwelling Unit Bank. The project will deposit two {2) dwelling units into the bank,
which will then be available for allocation to another project. Accordingly, there is no net loss
of residential unit capacity and there are adequate properties identified in the Housing Element
allowing residential development with a unit capacity, including second dwelling units,
adequate to satisfy the City's share of the regional housing need.
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a. Protect the neighborhood atmosphere and identity of existing residential areas (Land Use &
Community Design Goai2-G.5): The proposed lots, ranging in size from 9,500 square feet to
15,720 square feet, are generally consistent with the larger lot sizes of the existing
surrounding neighborhood. Additionally, orientation of lots 9 through 12 fronting along
Buena Vista Way maintain continuity with the existing residential lots located across the
street and also the existing single-family home that is proposed to remain. The alternative
designed streetscape proposed along Buena Vista Way maintains an existing informal
appearance that is synonymous with the surrounding neighborhood, while also providing
pedestrian connectivity to Valley Street via a new 6-foot wide meandering sidewalk
separated by a landscaped parkway.
b. Improve connectivity for residents, visitors and businesses {Mobility Goal 3-G.2); and provide
inviting streetscapes that encourage walking and promote livable streets {Mobility Goal 3-
G.3): The project's frontage along Buena Vista Way, Valley Street and McCauley lane
include inviting streetscapes with pedestrian sidewalks and landscaped parkways, which
will improve connectivity for residents, encourage walking and promote livable streets.
c. Implement the lnclusionary Housing Ordinance and require a minimum of 15 percent of all
ownership and qualifying rental residential projects of seven or more units be restricted and
affordable to lower income households {Housing Program 3.1): The project is conditioned to
enter into an affordable housing agreement to provide two {2) Second Dwelling Units
{SDUs) on proposed lots 1 and 5.
d. Require a noise analysis be conducted for all discretionary development proposals (except for
developments of single-family homes with four units or fewer) located where projected noise
exposure would be other than "normally acceptable" (Noise Policy 5-P2): A noise study,
prepared for the project by ldn Consulting, Inc. (December 16, 2015}, determined existing
and future noise levels to be below 60 dBA CNEL; and thus the project is considered
"normally acceptable" under the General Plan for residential single-family.
e. Enforce the Climate Action Plan as the city's strategy to reduce greenhouse gas emissions
{Sustainability Policy 9-P .1): A Greenhouse Gas Emissions study, prepared for the project by
ldn Consulting, Inc. (December 16, 2015}, determined the estimated C02 equivalent
emissions associated with both construction and operational activities to be below the 900
metric ton screening threshold of the ci~y's Climate Action Plan; and thus the project is
exempt from the provisions of the CAP.
f. Regulate development on sites with known contamination of soil and groundwater to ensure
that construction workers, future occupants, and the environment as a whole, are adequately
protected from hazards associated with contamination, and encourage cleanup of such sites
{Public Safety Policy 6-P.23): Implementation of project Mitigation Measures HAZ-1 through
HAZ-4 will remediate (i.e., clean-up) known soil contamination generated by the project
site's previous agricultural use and will ensure that construction workers, future occupants,
and the environment as a whole, are adequately protected from hazards associated with
said contamination.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
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b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 ofthe Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
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.
14 Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
permit or recordation of the final map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
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.
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Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development 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
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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, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the City's approval is not
validated.
Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Tract
Map, 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.
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 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
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
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
11. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a(n) Tentative Tract Map by Resolution(s) No. 7202 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
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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.
Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the City to provide and deed restrict two (2)
affordable second dwelling units on Lots 1 and 5 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 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.
This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program and Addendum for CT 15-11-YADA FAMILY
FARM SUBDIVISION and is subject to all conditions contained in Planning Commission Resolutions
No. 7201 for those other approvals incorporated herein by reference.
Developer shall implement, or cause the implementation of the Mitigated Negative Declaration,
Mitigation Monitoring and Reporting Program and Addendum for CT 15-11-YADA FAMILY
FARM SUBDIVISION.
Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article Section the City shall have the right, but not the
duty, to perform the necessary maintenance. If the City elects to perform such maintenance,
the City shall give written notice to the Association, with a copy thereof to the Owners in the
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Project, setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty {30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the City's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The City shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty {20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent {6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
City, the City may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____ _
f. Balconies. trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit _____ _
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent
with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to
fund mitigation for impacts to certain categories of vegetation and animal species. The Developer
is further aware that the City has determined that all projects will be required to pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan {HMP) for 3.7 acres of Group-F habitat (i.e., Agricultural
Lands). If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent
with the Habitat Management Plan and the General Plan and any and all approvals for this project
shall become null and void.
19. 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.
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Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the future sales office at all times. All sales maps that are distributed or made available
to the public shall include but not be limited to trails, future and existing schools, parks, and
streets.
Developer shall post a sign in the future sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain posted
until all of the units are sold.
If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
23. Perimeter masonry walls, including decorative pilasters, shall not exceed six feet in height.
Engineering:
General
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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 landscaping, irrigation,
storm water quality treatment facilities low impact development features and storm drain
facilities located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision.
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.
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.
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Fees/ Agreements
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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 execute, and submit to the city engineer for recordation,
a city standard deed restriction on the property which relates to the proposed cross lot drainage
as shown on the tentative map or shall provide for same on the final map in a form satisfactory
to the city engineer. The deed restriction shall:
a. Clearly delineate the limits of the drainage course; and
b. State that the drainage course is to be maintained in perpetuity by the underlying property
owner; and
c. State that all future use of the property along the drainage course will not restrict, impede,
divert or otherwise alter drainage flows in a manner that will result in damage to the
underlying and adjacent properties or the creation of a public nuisance.
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.
Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a future
district be formed.
20 Grading
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35. 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 as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
36. 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
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37.
38.
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maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
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.
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 comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. 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/! m provements
40.
41.
42.
Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private drainage purposes as shown on the tentative map or shall provide for same
on the final map in a form satisfactory to the city engineer. Developer shall pay processing fees
per the city's latest 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 prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city
standards to the satisfaction of the city engineer. These improvements include, but are not
limited to:
a. Curb, gutter, sidewalk and pavement street improvements.
b. Relocation of existing overhead utility facilities.
c. Extension of water main, installation of fire hydrants and appurtenances.
d. Extension of sewer line, installation of manholes.
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.
43. Developer shall cause owner to waive direct access rights on the final map for Lots 1, 2, 3 and 4
abutting McCauley Lane and Lots 1, 8 and 9 abutting Valley Street.
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44. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Buena Vista Way along
the property frontage for a half street width of thirty (30) feet. Public improvements shall include
but are not limited to paving, base, sidewalk, curb, gutter grading, clearing and grubbing and
street lights.
Non-Mapping Notes
45.
Utilities
46.
47.
48.
Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown
on the tentative map. These improvements include, but are not limited to:
i.
ii.
iii.
iv.
Curb, gutter, sidewalk and pavement street improvements.
Relocation of existing overhead utility facilities.
Extension of water main, installation of fire hydrants and appurtenances.
Extension of sewer line, installation of manholes
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of Carlsbad
Engineering Standards or line-of-sight per Caltrans standards.
d. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the
city approved development plans.
Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project. Fire hydrants shall be
considered public improvements and shall be served by public water mains to the satisfaction of
the district engineer.
Developer shall design and agree to 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.
The developer shall agree to 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.
49. 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.
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so.
51.
The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
52.
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60.
This tentative map shall expire two {2) years from the date on which the Planning Commission
voted to approve this application.
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 tentative map are for planning purposes
only.
Developer shall comply with Section 20.16.040{d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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 1 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 provide the following note on the final map of the subdivision and final mylar of
this development submitted to the City:
a. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control
Point for each General Plan land use designation. Development cannot exceed the Growth
Control Point except as provided by Chapter 21.90. The land use designation for this
development is R-4 Residential, 0-4 dwelling units per non-constrained acre.
Lots 1-12 and the remainder lot were used to calculate the intensity of development under
the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one
of these lots must also include Lots 1-12 and the remainder lot under the General Plan and
Chapter 21.90 of the Carlsbad Municipal Code."
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61.
62.
63.
64.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
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.
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 October 5, 2016, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Anderson, Commissioners Black, Goyarts, L'Heureux,
Montgomery, Segall, and Siekmann
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
~zt
DON NEU
City Planner
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