HomeMy WebLinkAbout2004-02-04; Planning Commission; Resolution 55551
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PLANNING COMMISSION RESOLUTION NO. 5555
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 02-28 TO
ALLOW THE CONSTRUCTION OF 58 AIRSPACE CONDOMI-
NIUM UNITS ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF LA COSTA AVENUE EAST OF EL
CAMINO REAL AND WEST OF CASTILLA WAY WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: LA COSTA CONDOMINIUMS
CASE NO.: CT 02-28
WHEREAS, Calso, LLC, “OwnerDeveloper,” has filed a verified application
with the City of Carlsbad regarding property described as
Lot 185 of La Costa South Unit 1, in the City of Carlsbad, in
the County of San Diego, State of California, According to
Map Thereof No. 6117, filed in the Office of the County
Recorder of San Diego County, June 3,1968
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “WW” dated February 4, 2004, on file in the Planning
Department LA COSTA CONDOMINIUMS - CT 02-28, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 4th day of February 2004,
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) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
28, based on the following findings and subject to the following conditions:
RECOMMENDS APPROVAL of LA COSTA CONDOMINIUMS - CT 02-
.
Findings:
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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
proposed project satisfies all minimum requirements of CMC Titles 20 and 21 and
the project is designed to comply with all applicable City regulations including the
Planned Development Ordinance.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Medium High (RMH) density
development on the General Plan, and are developed with multi-family projects or
single-family residences.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the project site can accommodate the proposed residential
development while complying with all development standards and public facilities
requirements.
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 concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
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 adequate separations
will be provided to allow for breezes to cool the areas and landscaping will be
installed to provide shade and reduce the temperature of developed areas.
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 project site has been previously graded and is surrounded by
existing development.
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That the discharge of waste f’rom 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 Pollution Discharge Elimination
System (NPDES) requirements.
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 February 4,2004 including, but not limited to the following:
Land Use - The project is consistent with the City’s General Plan since the
proposed density of 11.48 du/ac is within the density range of 8 - 15 du/ac
specified for the site as indicated in the Land Use Element of the General
Plan. The project’s proposed density of 11.48 du/ac is slightly below the
Growth Management Control Point density (11.5 du/ac) used for the purpose
of calculating the City’s compliance with Government Code Section 65584.
However, consistent with Program 3.8 of the City’s certified Housing
Element, all of the dwelling units, which were anticipated toward achieving
the City’s share of the regional housing need that are not utilized by
developers in approved projects, are deposited in the City’s Excess Dwelling
Unit Bank. These excess dwelling units are available for allocation to other
projects. Accordingly, there is no net loss of residential unit capacity and
there are adequate properties identified in the Housing Element allowing
residential development with a unit capacity, including second dwelling
units, adequate to satisfy the City’s share of the regional housing need.
Circulation - The project is served by an existing fully improved public street,
La Costa Avenue, which operates at an acceptable level of service. On-site
circulation consists of two private driveways which provide access to garages
for the units and guest parking spaces designed in accordance with City
standards.
Noise - The project is conditioned to comply with the 60 dBA exterior CNEL
and 45 dBA interior CNEL noise standards.
Housing - The project is consistent with the Housing Element of the General
Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to enter into an Affordable Housing Agreement to provide and
deed restrict nine (9) condominium units as affordable to lower income
households for 55 years.
The project is consistent with the City-Wide 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 fbnding 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
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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 Encinitas Union and
San Dieguito Union High School Districts 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 permits.
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.
The Planning Commission of the City of Carlsbad does hereby find:
a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the
environmental impacts therein identified for this project and said comments
thereon, and Mitigation, Monitoring and Reporting Program (the Program), on file
in the Planning Department, prior to RECOMMENDING APPROVAL of the
project; and
b. the Mitigated Negative Declaration and the Program 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. they reflect the independent judgment of the Planning Commission of the City of
Carlsbad; and
d. based on the EIA Part 11 and comments thereon, the Planning Commission, finds
that there is no substantial evidence the project will have a significant effect on
the environment.
The Planning Commission hereby finds that the Program is designed to ensure that
during project implementation the Developer and any other responsible parties implement
the project components and comply with the feasible mitigation measures identified in the
CEQA Findings and the Program.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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
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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.
16. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map
approval or issuance of a grading permit, whichever occurs first.
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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; 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.
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 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 indemnifl, 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
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or indirectly, fiom (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 non-
discretionary, in connection with the use contemplated herein.
The Developer shall submit to the Planning Department 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
Director fiom the Encinitas Union and San Dieguito Union High School Districts 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.
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 implement, or cause the implementation of the Project Mitigation
Monitoring and Reporting Program.
This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and SDP 03-18, CP 02-13 and
HDP 02-14 and is subject to all conditions contained in Planning Commission
Resolutions No. 5554, 5556, 5557 and 5558 for those other approvals incorporated
herein by reference.
This project is being approved as an air space condominium. There will be no
individual ownership of land. A note to this effect shall be placed on the Final Map
with the exact wording to the satisfaction of the Planning Director.
This project has been found to result in impacts to wiIdIife habitat or other lands,
such as agricultural land, 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. The fee becomes effective following final
approval of the Habitat Management Plan. The City is currently updating the fee
study, which is expected to result in an increase in the amount of the fee. If the
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Habitat Management Plan is approved, then the Developer or Developer’s
successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be
paid 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 an all approvals for this project shall become null and void.
If any construction activities including grading are to occur during February 15 to
August 31, the applicant should clear the vegetation on-site prior to the bird
breeding season. If construction is to occur during raptor breeding season of
approximately February 1 to August 30, a qualified biologist should conduct a pre-
construction survey of the subject site to determine if there are any active raptor
nests on-site. If an active nest is observed, a buffer of 500 feet should be established
between the construction activities and the nest and the buffer should remain in
effect until the construction is completed or until the nest is no longer active.
Prior to the approval of the final map of this project, the Developer shall enter into an
Affordable Housing Agreement with the City to provide and deed restrict nine (9)
dwelling units as affordable to lower-income households for 30 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 Planning Director 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 submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City’s Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
condition, free from weeds, trash, and debris.
The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plan check process on file in the Planning Department and accompanied by the
project’s building, improvement, and grading plans.
There shall be no combustible fencing within 100 feet of structures.
Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&Rs shall be submitted to and approved by the
Planning Director prior to final map approval. Prior to issuance of a building permit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planning
Director. At a minimum, the CC&Rs shall contain the following provisions:
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a.
b.
C.
d.
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 andor 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 prorata 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
hisher respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
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e. Landscape Maintenance Responsibilities. The HOA shall be responsible for
maintaining all the landscaping installed on the subject site.
Developer shall meet with the North County Transit District and study the
feasibility of providing a bus stop to service this development at a location and with
reasonable facilities to the satisfaction of the Planning Director and the City
Engineer. Said facilities, if required, shall be free from advertising and shall at a
minimum include a bench and a pole for the bus stop sign. The facilities shall be designed
to enhance or be consistent with the basic architectural theme of the project.
This project is being approved as a condominium permit 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 26 days. The CC&Rs for the project shall include this
requirement.
Prior to issuance of building permits, the Developer shall submit to the Planning Director
a recorded copy of the Condominium Plan filed with the Department of Real Estate
which is in conformance with the City approved documents and exhibits.
Prior to approval of the final map, the Developer shall: 1) consult with the United States
Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain
any permits required by the USWFS.
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
taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this
approval will not be consistent with the General Plan and shall become void.
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.
Prior to final map approval, Developer shall submit to the City a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Tentative Tract Map by Resolution No. 5555 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
Planning Director 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 display a current Zoning and Land Use Map, or an alternative, suitable to
the Planning Director, in the sales office at all times. All sales maps that are distributed ’
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or made available to the public shall include but not be limited to trails, future and
existing schools, parks and streets.
29. Developer shall post a sign in the 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.
30. Prior to the recordation of the final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts fiom the proposed or existing Transportation Corridor, in
a form meeting the approval of the Planning Director and City Attorney (see Noise Form
#1 on file in the Planning Department).
En Pineering
General
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Prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
Prior to issuance of any building permit, Developer shall comply with the requirements of
the City’s anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
Developer shall provide to the City Engineer an acceptable means, CC&Rs or/and other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streetddriveways, sidewalks, street lights, storm drain
facilities, water quality devices, and detention basin, all located therein, and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within the subdivision.
Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an
approved drainage course or street to the satisfaction of the City Engineer.
There shall be one Final Map recorded for this project.
Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards. The limits of these sight distance corridors shall be
reflected on any improvement, grading, or landscape plan prepared in association
with this development, and the restriction shown in the Final Map shall be included
in the CC&Rs.
FeedAgreements
37. 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.
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Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
Prior to approval of any grading or building permits for this project, Developer shall
cause Owner to give written consent to the City Engineer to 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.
Grading
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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 apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit for
the project.
Prior to the issuance of a grading permit or building permit, whichever occurs first,
Developer shall submit to the City Engineer proof that a Notice of Intention for the start
of work has been submitted to the State Water Resources Control Board.
The project requires extensive remedial grading of the 'existing slope in the
southerly portion of the site. The backfill of removed portions of the slope shall meet
Engineering standards with a slope of 2:l (horizontal to vertical) or flatter. Prior to
grading permit issuance, developer shall submit to the City Engineer, for review and
approval, a specific grading procedure. The procedure shall have concurrence of the
project's Certified Engineering Geologist. Monitoring of ground movement of
adjacent structures shall be incorporated in the procedure.
Upon completion of grading, but prior to issuance of building permits, 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. Subject to approval of the City Engineer,
building permits for the construction of unit models may be released prior to
acceptance of the "as graded" geologic plan.
This project requires off site grading. No grading for private improvements shall occur
outside the limits of this approval unless Developer obtains, records and submits a
recorded copy to the City Engineer a grading or slope easement or agreement from the
owners of the affected properties. If Developer is unable to obtain the grading or slope
easement, or agreement, no grading permit will be issued. In that case Developer must
either apply for and obtain an amendment of this approval or modify the plans so grading
will not occur outside the project and apply for and obtain a finding of substantial
conformance from both the City Engineer and Planning Director.
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DedicationsDmprovements
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Developer shall cause Owner to make an irrevocable offer of dedication to the Ci.1 and/or
other appropriate entities for all public streets and other easements shown on the tentative
map. The offer shall be made by a certificate on the final map. All land so offered shall
be offered free and clear of all liens and encumbrances and without cost. Streets that
already public are not required to be rededicated.
Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
to City of Carlsbad Standards based on R-value tests. All private streets and drainage
systems shall be inspected by the City. Developer shall pay the standard improvement
plancheck and inspection fees.
Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the tentative map and the following improvements including, but not limited to
paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
fire hydrants, street lights, retaining walls and reclaimed water, to City Standards to the
satisfaction of the City Engineer.
a.
b.
Public utilities as shown in the Tentative Map.
Sidewalk and streetlights along La Costa Avenue.
A list of the above shall be placed on an additional map sheet on the Final Map per the
provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 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 the
project frontage along La Costa Avenue except at Private Drive "A."
Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
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hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and the City of Carlsbad. The SWPPP shall address measures to reduce to the
maximum extent practicable storm water pollutant runoff during construction of the
project. At a minimum, the SWPPP shall:
a.
b.
c.
include all content as established by the California Regional Water Quality
Control Board requirements;
include the receipt of “Notice of Intent” issued by the California Regional Water
Quality Control Board;
recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
d.
Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a “Storm Water Management Plan (SWMP).”
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
the California Regional Water Quality Control Board and City of Carlsbad Municipal
Code, The SWMP shall address measures to avoid contact or filter said pollutants from
storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
a.
b.
c.
identify existing and post-development on-site pollutants-of-concern;
identify the hydrologic unit this project contributes to and impaired water bodies
that could be impacted by this project;
recommend source controls and treatment controls that will be implemented with
this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
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...
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d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to residents and HOA employees
education on the proper procedures for handling clean up and disposal of
ensure long-term maintenance of all post construct BMPs in perpetuity; and
identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
pollutants;
e.
f.
Prior to building permit, Developer shall install streetlights along all public street
frontages abutting and/or within the subdivision boundary in conformance with City of
Carlsbad Standards.
Prior to building permit, Developer shall install sidewalks along all public streets
abutting the subdivision in conformance with City of Carlsbad Standards.
Prior to building permit, Developer shall install wheelchair ramps at the public street
comers abutting the subdivision in conformance with City of Carlsbad Standards.
Prior to issuance of building permits within this development, Developer shall
execute and record a Subdivision Improvement Agreement to design and install and
post appropriate security as provided by law, public improvements shown on the
site development plan and the following improvements including, but not limited to
installation of traffic signals and ultimate intersection striping per City Standards
and constructed to the satisfaction of the City Engineer. The improvements consist
Of:
Design and construct a new fully actuated traffic signal at the
intersection of La Costa Avenue and Private Drive “A” at the
entryway of the project. Developer acknowledges the necessity of this
signal is to serve only this project and Developer will bear all costs
associated with the design and construction of this signal, if warrants
are met. The signal shall be interconnected with adjacent signals to
facilitate signal coordination.
Developer shall post security for the design and construction of said improvements.
The Agreement shall be kept in force and security kept valid for a period of 5-years
after the last building permit has been issued within this Development. The traffic
signal shall be installed only when written approval is received by the City
Engineer.
One year after the final occupancy of the project, the City Engineer is requested to
conduct a traffic signal warrant analysis at/or near the project intersection or
vicinity.
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Utilities
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Prior to approval of improvement plans or final map, 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 shall be considered
public improvements and shall be served by public water mains to the satisfaction of the
District Engineer.
The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District 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 pay the San Dieao County Water
Authority capacity charae(s’) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map to the
Planning Department for processing and approval by the Deputy City Engineer - Utilities.
The Developer shall design landscape and irrigation plans utilizing recycled water as a
source. Said plans shall be submitted to the satisfaction of the District Engineer.
The Developer shall install potable water and 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 install sewer laterals and clean-outs at locations approved by the
District Engineer. The locations of sewer laterals 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. Proposed public facilities shall be reflected on public improvement plans.
The Developer shall provide separate potable water meters for each separately owned
unit.
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
occupancy.
Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
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A fire flow system shall be required for this development and it shall be constructed as a
looped system. The Developer shall complete the looped water system by tying into the
existing waterline system of the westerly adjacent development to the satisfaction of the
District Engineer.
The Developer shall coordinate with the District Engineer regarding the looped system
and easements.
The Developer shall meet with and obtain approval from the Leucadia County Water
District regarding sewer infrastructure available or required to serve this project.
Final Map Notes
71. Developer shall show on Final Map the net developable acres for each parcel.
72. Notes to the following effects shall be placed on the map as non-mapping data:
a. All improvements are privately owned and are to be privately maintained with the
exception of the following:
1.)
2.)
Public utilities as shown in the Tentative Map.
Sidewalk and streetlights along La Costa Avenue.
b. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1.) Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
2.) The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
d. Sight Distance corridors:
1.) No structure, fence, wall, tree, shrub, sign, or other object over 30
inches above the street level may be placed or permitted to encroach
within the area identified as sight distance corridor in accordance
with City Standard Public Street-Design Criteria, Section 8.B.3. The
underlying property owner shall maintain this condition.
2.) No structure, fence, wall, tree, shrub, sign, or other object shall be
placed or permitted on the subject property along or northerly of the
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line designated as the sight line located at the project entrance. No
obstructions shall impede nor conflict with the line-of-sight, which is
established per City Standard Public Street-Design Criteria, Section
8. The sight line is depicted on the tentative map. The underlying
property owner shall maintain this condition.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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The tentative map shall expire twenty-four (24) months from the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
revent offsite siltation. Planting and erosion control shall be provided in accordance with
Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of
the City Engineer.
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.
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.
Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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
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 feedexactions. 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
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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 feedexactions
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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 4th day of February 2004, by the
following vote, to wit:
AYES: Chairperson White, Commissioners Baker, Dominguez, Heineman,
Montgomery, Segall, and Whitton
NOES: None
ABSENT: None
ABSTAIN: None
MELISSA WHITE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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