HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 6686A) That the foregoing recitations are true and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES MUROYA SUBDIVISION - CT 06-27, based on the following
findings and subject to the following conditions:
4
r Findings:
6 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the
project implements the goals and policies of the General Plan as discussed in the
9 staff report; is consistent with all the minimum requirements of Titles 20 and 21
governing lot size and configuration; and the project has been designed to comply
10 with all applicable City regulations, including the Zone 20 Specific Plan.
2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential and open space development on
the General Plan and the residential properties are developed with detached one-
13 family residences.
14 3. That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that all required development standards and design criteria required by
the applicable zoning ordinances are incorporated into the project without the need
for variances from development standards.
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4. That the design of the subdivision or the type of improvements will not conflict with
18 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
20 with established easements.
21 5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
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6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that structures are oriented
~ . to allow for solar exposure and take advantage of prevailing breezes.
7. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
26 against the public service needs of the City and available fiscal and environmental
resources.
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_„ 8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
PC RESO NO. 6686 -2-
habitat, in that the 20.27 acre in-fill site is primarily used for agricultural production
2 and is developed with a single family residence in the southeast corner of the lot and
the southwest side of the lot which is occupied by sensitive natural vegetation and is
3 being preserved in a 9.82 acre open space lot. Because of the clustered type of
development being concentrated on disturbed areas only, an open space easement,
consisting of a 20-foot wide habitat buffer area and 60 foot wide Fire Suppression
c Zone, is provided between development and the planned open space areas, which
restricts development and any encroachments into the preserve. The project is also
6 located adjacent to and north of an existing HMP Hardline area and in order to
minimize edge effects, the following adjacency standards have been conditioned for
the project to reduce indirect impacts: Fire Management, Erosion Control,
Landscaping Restrictions, Fencing, Signs, and Lighting restrictions, and Predator
and Exotic Species Control.
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9. That the discharge of waste from the subdivision will not result in violation of existing
10 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with City's Stormwater regulations. It has been
conditioned to implement Best Management Practices for water quality protection,
to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan
(SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California
13 Regional Water Quality Control Board and with the City of Carlsbad Municipal
Code.
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10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan and Specific Plan 203 based
on the facts set forth in the staff report dated April 7, 2010 including, but not limited to
the following:
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Land Use - The existing General Plan Land Use designation for the project site is
18 Residential Low-Medium Density (RLM). The RLM designation allows low to
medium density residential development (0 to 4 du/ac) with a Growth
Management Control Point (GMCP) of 3.2 du/ac; which is also used for the
20 purposes of calculating the City's compliance with Government Code Section
65584. According to the constraints analysis used for density calculations, 37.79
21 dwelling units could be located on the site based on 11.81 net developable acres.
A total of 37 proposed dwelling units and one existing residence (38 total units)
at a density of 3.217 du/ac are proposed. At the RLM designation (0-4 du/ac),
-,-, development of the site in the manner that would accommodate the dwelling
units would: 1) require a significant amount of grading to the site, which would
24 be inconsistent with the City's Hillside Development Regulations (C.M.C.
Chapter 21.95), and 2) the Habitat Management Plan (HMP) requires the
25 development to be clustered on the disturbed areas to the maximum extent.
Therefore, given the topographic constraints of the site combined with the HMP
need to cluster the development, the project applicant is proposing to change the
27 General Plan Land Use designation of the site from RLM to Residential Medium
(4-8 du/ac) on lots 1 & 5 where the 37 units will be clustered on a 7 acre parcel at
28 a proposed density of 5.29 du/ac. Lots 3 & 4 will be designated Open Space (OS),
while lot 2, site of the existing residence, will retain the RLM designation.
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b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve
2 the development will be dedicated and constructed prior to, or concurrent with,
site development. The proposed circulation system is designed to provide access
3 to each of the proposed lots and dwelling units and complies with all applicable
City design standards.4
c c. Housing - The City's Inclusionary Housing regulations require that a minimum
of 15% of all approved units in any residential project be made affordable to
6 lower income households. The inclusionary housing requirement for the Muroya
Subdivision residential development is seven (7) units. However, based on the
7 project lot's environmental resources and constrained topography, and the site's
distance away from employment opportunities, urban services, and
transportation facilities, the Housing Policy Team has recommended the
9 purchase of seven (7) inclusionary housing credits within the Villa Loma
Affordable Housing development to satisfy their inclusionary housing
10 obligations.
d. Open Space & Conservation - The project will utilize Best Management Practices
12 for control of storm water and to protect water quality, will conform to all
National Pollution Discharge Elimination System (NPDES) requirements, and
13 for purposes of habitat protection will provide an open space lot (Lot 3) located
between the proposed residences (i.e., development area) and the boundaries of
14 the proposed Open Space (Lot 4). This area will encompass the HMP 20 ft. wide
, - upland habitat buffer area that is required between proposed development and
preserved habitat areas.
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11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
17 Facilities Management Plan for Zone 20 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
jo treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
20 project will be installed to serve new development prior to or concurrent with need.
Specifically,
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„« a. The project has been conditioned to provide proof from the 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
24 collected prior to issuance of building permit.
75 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
26 collected prior to the issuance of building permit.
27 12. 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
28 requirements established by a Local Facilities Management Plan prepared pursuant to
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Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
2 public facilities and will mitigate any cumulative impacts created by the project.
3 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
4
14. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
improvements necessary to maintain compliance with the Growth Management
performance standards are contained within the Zone 20 LFMP and the project will
comply with the general and special conditions of the zone, and that there have been
previous developments approved in the Zone 20 Specific Plan that have provided
the necessary infrastructure to serve the project.
10 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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16. 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
14 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
17 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
18 all new development within the City is essential to fund implementation of the City's
Habitat Management Plan.19
2Q 17. The Planning Commission of the City of Carlsbad does hereby find:
21 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION -
22 GPA 06-09, ZC 06-08, LCPA 06-09, SP 203D, CT 06-27, CP 06-19, CDP 06-32,
HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this
project and any comments thereon prior to RECOMMENDING APPROVAL of the
24 project; and
25 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program have been prepared in accordance with requirements of the California
Environmental Quality Act, the State Guidelines and the Environmental Protection
27 Procedures of the City of Carlsbad; and
28 c. it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
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d. based on the EIA and comments thereon, there is no substantial evidence the project
2 will have a significant effect on the environment.
3 18. 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
r degree of the exaction is in rough proportionality to the impact caused by the project.
6 Conditions:
7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or recordation of a final map, whichever occurs first.8
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
10 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
13 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,
17 different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
. q regulations in effect at the time of building permit issuance.
20 4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are
21 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
23 all requirements of law.
24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
-, and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
27 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
28 (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
PC RESO NO. 6686 -6-
facility of electromagnetic fields or other energy waves or emissions. This obligation
2 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
3
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the Tentative Map reflecting the conditions approved by the final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the
6 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
7
8. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
9 that Plan prior to the issuance of building permits.
10 9. Developer shall implement, or cause the implementation of, the MUROYA
SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06-
11 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and
j2 Reporting Program.
13 10. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP
14 203(D), LCPA 06-09, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, and is
, c subject to all conditions contained in Planning Commission Resolutions No. 6681, 6682,
6683, 6684, 6685, 6687, 6688, 6689, and 6690 for those other approvals incorporated
16 herein by reference.
17 11. 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
\ 9 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
20 shall be placed on the Final Map.
21 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
22 #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
23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such
24 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.
26 L3. 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
27 Developer shall enter into an Affordable Housing Agreement with the City to purchase of
seven (7) inclusionary housing credits within the Villa Loma Affordable Housing
development to satisfy their inclusionary housing obligations.
PC RESO NO. 6686 -7-
14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
2 real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
3 parties and successors in interest that the City of Carlsbad has issued a General Plan
Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan
Amendment, Tentative Tract Map, Condominium Permit, Coastal Development
c Permit, Hillside Development Permit, and Habitat Management Plan Permit by
Resolution No's. 6682, 6683, 6684, 6685, 6686, 6687, 6688, 6689, and 6690 on the
6 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
9 or successor in interest.
10 15. 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.
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16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
. , project's building, improvement, and grading plans.
16 17. The northerly landscape boundary separating Units 7, 8, and 9 from the existing
single family development to the north shall utilize an enhanced plant pallet, which
will establish a visual buffer. The final design shall be shown on the final Landscape
plan and shall be subject to the Planning Directors approval.
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18. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
20 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:
23 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
24 of, or in which the City has an interest.
25 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
27 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
PC RESO NO. 6686 -8-
Association's Easements" as provided in Article , Section the
2 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
3 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
c 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
6 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
7 Owners as provided herein.
8 d. Special Assessments Levied by the City. In the event the City has performed the
9 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
10 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
12 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
13 ' 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,
14 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
15 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
17 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
19 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
20 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
21 in accordance with the procedures set forth in Article of this Declaration.
22 e. Landscape Maintenance Responsibilities. The owners association and individual lot
23 or unit owner landscape maintenance responsibilities shall be as set forth in
Exhibit_ .
24
f. Landscape Material Restrictions: Restrictions to landscape materials adjacent
to conserved habitat areas shall be as set forth in Exhibit .
26 Invasive/exotic species not to be used shall include those listed on Lists A and B
of the "Exotic Plants of Greatest Ecological Concerns in California" adopted by
27 the California Exotic Pest Plants Council, October 1999.
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PC RESO NO. 6686 -9-
Lighting Restrictions on Private Residential Lots: Restrictions on lighting within
2 residential lots adjacent to open space conservation areas shall be as set forth in
Exhibit
3
h. Fire Suppression Zones: A disclosure shall be included identifying all lots where
Fire Suppression Zones extend into private rear yard areas. The disclosures
shall include a site plan of the lot, location of the Fire Suppression Zones, and
the fuel modification standards required for the various zones.
6
i. Aircraft Noise Disclosure: A disclosure shall be included that this property is
7 subject to overflight, sight and sound of aircraft operating from McClellan-
Palomar Airport.
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9 19. This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
10 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
12 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
13 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
14 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
16 the City's Habitat Management Plan (HMP) and the biological study (Dudek
Engineering and Environmental, dated November, 2009), for impacts to 1.56 acres
17 of Group-F habitat (i.e., Disturbed Lands). If the In-lieu Mitigation Fee for this project
is not paid, this project will not be consistent with the Habitat Management Plan and the
General Plan and any and all approvals for this project shall become null and void.
19 20. Developer shall submit a street name list consistent with the City's street name policy
20 subject to the Planning Director's approval prior to final map approval.
21. 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,
23 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
24 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 Planning
Director 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.
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22. 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
PC RESO NO. 6686 -10-
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24. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar
Airport, in a form meeting the approval of the Planning Director and the City Attorney
(see Noise Form #2 on file in the Planning Department).
25. Removal of native vegetation and development of Open Space Lot(s) 3 and 4, including
but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and
landscaping, other than that approved as part of (the grading plan, improvement plans,
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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.
23. 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.
fire prevention purposes, or upon written approval of the Planning Director, and
(California Coastal Commission if in Coastal Zone), based upon a request from the
Homeowners Association accompanied by a report from a qualified arborist/botanist
indicating the need to remove specified trees and/or plants because of disease or
impending danger to adjacent habitable dwelling units. For areas containing native
vegetation, the report required to accompany the request shall be prepared by a qualified
biologist.
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26. Prior to issuance of a building permit, the Developer shall modify the architectural
side elevation of all plans to include additional enhanced architectural features as
similarly displayed features on the front and rear elevations. The final design shall
be shown on the building plans and shall be subject to the Planning Directors
approval.
Engineering:
Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, building or grading
permit, whichever occurs first.
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General
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27. 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.
28. 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.
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29. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or
2 other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private water
3 quality treatment measures, low impact development features, storm drain facilities,
landscaping, landscape irrigation facilities, etc. located therein and to distribute the costs
of such maintenance in an equitable manner among the owners of the properties within
c this subdivision.
6 30. There shall be one Final Map recorded for this project.
7 31. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards.
Grading
9
32. Based upon a review of the proposed grading and the grading quantities shown on the
10 tentative map, a grading permit for this project is required. Developer shall prepare and
submit plans and technical studies/reports, for City Engineer review, and third party
review, and shall pay all applicable grading plan review fees per the City's latest fee
schedule.
13 33. Prior to grading permit issuance, Developer shall post required deposit and shall
pay applicable review fees for a third party review of the grading plan and
geotechnical reports.
34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
15 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
17 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.
19 35. This project requires off site grading. No grading for private improvements shall occur
20 outside the project unless Developer obtains, records, and submits a recorded copy, to the
City Engineer, a temporary grading, construction or slope easement or agreement from
21 the owners of the affected properties. If Developer is unable to obtain the temporary
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
23 plans so grading will not occur outside the project and apply for and obtain a finding of
substantial conformance and/or consistency determination from both the City Engineer
24 and Planning Director.
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36. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
2 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
3 silt runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
4 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
t- stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
6
37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
7 receipt of a Notice of Intention from the State Water Resources Control Board.
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38. Prior to the issuance of grading permit or building permit, whichever occurs first,
9 Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements
10 and provisions established by the San Diego Region of the California Regional Water
Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall
address measures to reduce to the maximum extent practicable storm water pollutant
12 runoff during construction of the project.
39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
14 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
16 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking
17 the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
*° evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
, q techniques using current County of San. Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
20 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
21
Dedications/Improvements
23 41. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
the public utility and access purposes as shown on the tentative map. The offer shall be
24 made by a certificate on the final map. All land so offered shall be free and clear of all
liens and encumbrances and without cost to the City. Streets that are already public are
2^ not required to be rededicated. Additional easements may be required at final design to
2(. the satisfaction of the City Engineer.
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ii. Construction of sewer and water mains and appurtenances to serve this
2 subdivision.
3 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.
4
,. C. Geotechnical Caution:
6 i Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
7
ii The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
9 that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
10 subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
, - to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
13
E. The owner of this property on behalf of itself and all of its successors in interest has
14 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
15 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
17 improvements identified in the City approved development plans.
18 Utilities
19 48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire
20 flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
21 public water mains to the satisfaction of the District Engineer.
99 49. Developer shall design and construct public facilities within public right-of-way or within
22 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
24 maintenance, access and/or joint utility purposes.
25 50. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
for connection to public facilities.
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?7 51. Developer shall install potable water services and meters at locations approved by the
District Engineer. The locations of said services shall be reflected on public improvement
28 plans.
PC RESO NO. 6686 -15-
52. The Developer shall install sewer laterals and clean-outs at locations approved by the City
2 Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
3 53. The Developer shall provide separate potable water meters for each separately owned unit
within this subdivision.4
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
54. This tentative map shall expire three years from the date of project approval.
8
55. Some improvements shown on the tentative map and/or required by these conditions are
9 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
12 requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the
City to successfully acquire said property by condemnation.
56. 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
5 Trips (ADT) and floor area contained in the staff report and shown on the tentative map
are for planning purposes only.
16
57. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
1 O
58. Developer shall pay a landscape plancheck and inspection fee as required by Section
19 20.08.050 of the Carlsbad Municipal Code.
20 59. 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.
22 60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
23 Code Section 18.04.320.
24 61. 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 Planning
Director prior to installation of such signs.
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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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to
wit:
AYES:
NOES:
Chairperson Douglas, Commissioners Baker, Dominguez,
L'Heureux, and Nygaard
ABSENT: Commissioners Montgomery and Schumacher
ABSTAIN:
FARRAHfc*BOUGLAS,
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6686 -17-