HomeMy WebLinkAbout2005-08-17; Planning Commission; Resolution 59541
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PLANNING COMMISSION RESOLUTION NO. 5954
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
SUBDIVIDE 81.31 ACRES INTO 49 SINGLE FAMILY LOTS
AND THREE OPEN SPACE LOTS ON PROPERTY
GENERALLY LOCATED SOUTHEAST OF RANCHO SANTA
FE ROAD ALONG THE CITY’S EASTERN BOUNDARY IN
LOCAL, FACILITIES MANAGEMENT ZONE 11.
CASE NAME: SHELLEY PROPERTY
APPROVAL OF CARLSBAD TRACT CT 02-17 TO
CASE NO.: CT 02-17
WHEREAS, Fair Oaks Valley, LLC, “Developer/Owner,” has filed a verified
application with the City of Carlsbad regarding property described as
That portion of the east half of Lot 6 of Rancho Las Encinitas,
in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 848, filed in the
Office of the County Recorder of San Diego County, June 27,
1898. (APN 223-061-01-00 and 223-061-02-00)
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - ‘‘ Z ” dated August 17, 2005, on file in the Planning
Department, SHELLEY PROPERTY - CT 02-17, as provided by Chapter 20.12 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of August 2005, 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
RECOMMENDS APPROVAL of SHELLEY PROPERTY - CT 02-17, based
on the following findings and subject to the following conditions:
Findinm:
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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 lots
being created satisfy all minimum requirements of Titles 20 and 21 governing lot
sizes and configuration and have been designed to comply with all other applicable
City regulations.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for RLM development on the General Plan, in that
the proposed open space and single-family lots are consistent with single family lots
approved within the adjacent La Costa Oaks development.
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 complies with all City policies and standards without the
need for a variance from development standards.
That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the
public at large, for access through or use of property within the proposed subdivision, in
that prior to or concurrent with 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 lots are oriented in an
east-west alignment for southern exposure and/or to take advantage of shade or
prevailing breezes.
That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is conditioned to comply with biological mitigation
measures that will mitigate impacts on the site prior to final map approval.
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9.
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That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project
includes a desiltation swale at the storm drain outlet to slow the velocity and filter
drainage prior to release. The project is also conditioned to comply with the
National Pollution Discharge Elimination System Standards to prevent any
discharge violations.
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 August 17,2005 including, but not limited to the following:
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Land Use - The proposed density of .86 dwelling units per acre is below the
RL designation growth management control point of 1 du/ac used for the
purpose of calculating the City’s compliance with Government Code Section
65584. The growth management control point permits 56 units on the 56.66
net acre lot, and the project consists of 49 single-family lots. Consistent with
Program 3.8 of the City’s certified Housing Element, all of the dwelIing 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.
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 purchase 9 credits in a combined inclusionary housing project
or provide 7 inclusionary units onsite.
Public Safety - The project is designed with the required 60-foot fire
suppression zones between native habitat and development thereby reducing
fire hazards to an acceptable risk level.
Open Space & Conservation - 55.46 acres will be redesignated as Open
Space and preserved and maintained as an HMP habitat preserve area. The
project implements water pollution prevention methods through the
provision of a desiltation swale at the storm drain outlet to slow the velocity
and filter drainage prior to release.
Circulation - All public infrastructure necessary to serve the project will be
constructed in accordance with City standards. An irrevocable offer of
dedication for 102 foot of public right-of-way across the open space preserve
from the eastern project boundary to the eastern property boundary will
enable the extension of a General Plan Circulation Element arterial roadway
(Melrose Drive) at some future date if the need arises. Because the County of
San Diego, which abuts the property to the east, and the City of Encinitas,
which abuts the property to the south, have indicated that their General
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Plans include no future circulation arterial roadway connections to a
roadway through the Shelley property, construction of the roadway is not
proposed or required at this time.
F. Noise - The project will be required to construct noise walls along Camino
Junipero to mitigate noise levels to the 60 dBA CNEL noise standard and to
perform a noise analysis to determine the mitigation measures necessary to
limit interior noise levels of future single-family homes to the 45 dBA CNEL
noise standard with the assumption that Camino Junipero is a through
circulation element roadway. Temporary noise impacts resulting from rock
crushing during construction will be mitigated by locational restrictions to
avoid noise levels that exceed City standards.
The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide hding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically:
A. The project has been conditioned to provide proof from the Encinitas Union and
San Dieguito 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 permit.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 11.
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 in
that public facilities in Zone 11 are adequate to accommodate the demand created by
this project.
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
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provide for effective protection and conservation of wildlife and plant species while
continuing to allow compatible development in accordance with Carlsbad’s Growth
Management Plan. Preservation of wildlife habitats and sensitive species is required by
the Open Space and Conservation Element of the City’s General Plan which provides for
the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
new development will contribute to the need for additional regional infrastructure that, in
turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on
all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan.
That the City has adopted a Citywide Trails Program and a segment of the trail network is
associated with this project.
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that two-thirds of the property will be preserved
as an HMP habitat preserve area. The configuration of the reduced development
footprint results in otherwise developable areas that are accessible only by
panhandle driveways.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide full public street access to other properties within the same block of the subject
property, in that except for two panhandle lots, the subdivision design provides the
required street frontage for each single family lot.
That the buildable portion of the lot consists of a minimum of 10,000 square feet, which
meets the requirements of Section 2 1.1 O.O8O(c) of the Carlsbad Municipal Code.
That the front, side, and rear property lines of the buildable lot, for purposes of
determining required yards, are as shown on Exhibits “A” -“Z.”
That any panhandle lot hereby approved satisfies all the requirements of Section
21.10.080(d) of the Carlsbad Municipal Code.
The project complies with City Council Policy No. 66, Livable Neighborhoods, in
that due to environmental constraints, a grid pattern exclusive of cul-de-sac streets
is not possible. The proposed subdivision design provides two points of access to
Camino Juniper0 for the majority of the lots thereby providing alternate routes of
travel and adequate access for emergency service vehicles and emergency
evacuation routes for residents. Both cul-de-sac and local streets are designed in
accordance with City standards and include parkways between street and sidewalk.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note:
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Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
final map or issuance of grading permit, whichever occurs first.
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
fiture building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Tentative Tract Map.
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 indemnify, protect, defend and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until
all legal proceedings have been concluded and continues even if the City’s approval is not
validated.
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.
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Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union and San Dieguito High School District that this
project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures, which are required
as part of the Zone 11 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 Shelley Property 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, GPA 03-11, ZC 03-09, HDP 02-
OS, and HMPP 05-04 and is subject to all conditions contained in Planning Commission
Resolutions No. 5951,5952,5953,5955 and 5956 for those other approvals.
Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative
map within Open Space Lots 12,13, and 14. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed as a pubZic truiZ and will be the
maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad
does not accept dedication of the trail easement, the trail shall still be constructed but it
shall be constructed as a private trail and shall be the maintenance and liability
responsibility of the Homeowners Association.
The applicant shall prepare and submit a trail plan for approval by the Park and
Recreation Director prior to construction. Construction shall be inspected to ensure
conformity with the Standards for Design and Construction of Public Works
Improvements in the City of Carlsbad (“Standards”); Trail Construction Standards; and
the approved plans.
Prior to the approval of a final map the Developer shall pay to the City a Trail Plan
Check fee and inspection fee in accordance with the current city fee schedule.
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase 9
credits in the Villa Loma Apartment project or provide seven (7) affordable second
dwelling units onsite 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
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request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
Developer shall submit and obtain 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, fiee 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.
Developer shall submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
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:
a. General Enforcement bv the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
C. Failure of Association to Maintain Common Area J,ots and Easements. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article
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.
, Section
d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
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e.
f.
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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 andor to pursue lien foreclosure procedures against any Owner and
hisker respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit “-”.
Brush Management: Any future brush management within Fire Suppression
Zone 3 of Open Space Lot 12 shall be done without disturbing the ground
and shall require a biological monitor. Activities in the proximity to the San
Diego goldenstar shall occur between July 1 and November 30, when the
plant is not expected to have foliage above the ground and no heavy
equipment will be used that may compact the soil.
Project CC&Rs shall incorporate the HMP List of Exotic Species to avoid in
individual landscape plans.
Recreational Vehicles: The storage of recreational vehicles in the required
front yard setback shall be prohibited.
Perimeter Fencinp: Perimeter fencing that is adjacent to open space shall
require approval of the USFWS prior to installation.
Interior Fencing:
There shall be no combustible fencing within one hundred feet from
undisturbed natural vegetation.
20. Perimeter fencing that is adjacent to open space shall require approval of the
USFWS prior to installation.
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The Developer shall provide the Wildlife agencies with a proposed landscaping plan
for review and approval prior to grading permit issuance.
If satisfaction of the school facility requirement iqvolves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the 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.
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
or made available to the public shall include but not be limited to trails, fbture and
existing schools, parks and streets.
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.
This project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits
to wildlife, as documented in the City’s Habitat Management Plan and the environmental
analysis for this project. Developer is aware that the City has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City
Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of
vegetation and animal species. The Developer is further aware that the City has
determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the
General Plan. The City is currently updating the fee study, which is expected to result in
an increase in the amount of the fee, and 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.
Prior to the issuance of the final map, 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, Hillside Development Permit and
Habitat Management Plan Permit by Resolutions No. 5954, 5955 and 5956 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,
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which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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
may be subject to noise impacts from the proposed or existing Transportation Corridor,
Camino Junipero, in a form meeting the approval of the Planning Director and City
Attorney (see Noise Form #1 on file in the Planning Department).
Developer shall dedicate on the final map, an open space easement for Lots 12,13 and 14
which are in slopes, wetlands, coastal sage scrub or other constrained land plus all other
lands set aside as part of the Citywide Open Space System to prohibit any encroachment
or development, including but not limited to fences, walls, decks, storage buildings,
pools, spas, stairways and landscaping, as shown on Exhibits “A” - “Z.”
Removal of native vegetation and development of Open Space Lots 12, 13 and 14
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, biological revegetation program, landscape plan, etc.) as shown on Exhibits “A” -
“2,” is specifically prohibited, except upon written order of the Carlsbad Fire Department
for fire prevention purposes, or upon written approval of the Planning Director, based
upon a request fiom the Homeowners Association accompanied by a report from a
qualified arboristhotanist indicating the need to remove specified trees andor 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.
As a condition of this approval, applicant must comply with the requirements of all
regulatory agencies having jurisdiction over the project and any mitigation requirements
of the environmental documents for the project. Pursuant to Government Code section
65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant
shall grant a conservation easement for the conservation, protection, and management of
fish, wildlife, native plants and the habitat necessary for biologically sustainable
populations of certain species thereof, in accordance with the City’s adopted Habitat
Management Plan.
Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot(s) which are being conserved for
natural habitat in conformance with the City’s Habitat Management Plan:
a. Select a conservation entity, subject to approval by the City, that possesses the
necessary qualifications to manage the open space lot(s) for conservation
purposes.
Prepare a Property Analysis Record (PAR) or other method acceptable to the City
for estimating the costs of management and monitoring of the open space lot(s) in
perpetuity.
b.
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c. Based on the results of the PAR, provide a non-wasting endowment or other
financial mechanism acceptable to the Planning Director in an amount sufficient
for management and monitoring of the open space lot(s) in perpetuity. The non-
wasting endowment shall be legally structured such that it shall transfer to the
City if the City accepts the Irrevocable Offer to Dedicate fee title to the open
space lot(s).
Record a Conservation Easement over the open space lot(s) which includes an
Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City.
Prepare an Interim Management Plan which will ensure adequate management of
the open space lot(s) until such time as a permanent preserve management plan is
prepared and approved by the City.
d.
e.
Enpineerinp:
32.
33.
34.
35.
36.
37.
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.
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 andor other
recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, parkways and street trees,
storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
The developer shall process and record an encroachment agreement for the Storm Water
filtration devices located within the public right of way. The CC&Rs for this project shall
also reflect the responsibility to maintain these devices 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 and shall record the following statement on the Final Map
(and in the CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.1 and B.2
The sight line is depicted on the tentative map. The underlying property owner
shall maintain this condition."
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The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
FeedAgreements
38.
39.
40.
41.
Prior to approval of the Final Map for this project the developer shall complete the
LAFCO annexation process to annex into Leucadia Waste Water District.
This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
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.
Prior to approval of the first final map, the developer shall enter into a Prepayment
Agreement with the City for prepayment of the developer obligation for the funding
to improve Rancho Santa Fe Road, which will satisfy the special condition in the
Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho
Santa Fe Road.
Grading
42. 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.
43. 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.
Dedicationsnmprovements
44. Developer shall cause Owner to make an irrevocable offer of dedication to the City 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 and/or by
separate document. All land so offered shall be offered fi-ee and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
45. Additional drainage easements may be required. Developer shall dedicate and provide or
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46.
47.
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50.
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
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, signing & striping, sidewalks, curbs and gutters, medians, grading,
clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire
hydrants, street lights, water quality treatment facilities and reclaimed water, to City
Standards to the satisfaction of the City Engineer. The improvements are:
a)
b)
c)
Onsite improvements including but not limited to sewer, water, storm drain,
water quality treatment facilities, and streets as shown on the Tentative Map.
Camino Junipero (Melrose Drive) full width as a secondary arterial within a
102’ graded right of way.
Guard Rail at the end of Camino Junipero (Melrose Drive).
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.
Prior to issuance of building permits for any unit within this subdivision, the
developer shall provide evidence that the backbone infrastructure has been
constructed and accepted by the City of Carlsbad for public use. A note to this
effect shall be placed on the Final Map.
Prior to the approval of the Final Map, the Developer shall make an Irrevocable
Offer to Dedicate (IOD) to the Leucadia Waster Water District, a 20’ wide easement
for sewer service from the existing main to the easterly boundary of the property.
The specific alignment of this easement shall be approved by the District Engineer
and the City Engineer and shall be shown on the final map.
Developer shall cause Owner to waive direct access rights on the final map for all lots
fronting more than 1 street as shown on the tentative map and as approved by the
City Engineer. This condition applies to the following lots: Lots 1,6,8,9, 10, 11,15,
16,17,18,19,20,24,28,35 and 37.
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 City of Carlsbad Requirements. 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. include all content as established by the California Regional Water Quality
Control Board requirements;
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b.
c.
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.
51. 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 fiom storm water to the
maximum extent practicable before discharging to City right-of-way;
establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
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.
d.
e.
f.
52. Developer shall incorporate into the gradinglimprovement plans the design for the project
drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not practical. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a
modified outlet headwall consisting of an extended concrete spillway section with
longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate,
to the satisfaction of the City Engineer.
Final Map Notes
53. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
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B. Geotechnical Caution:
1. The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold harmless and indemnifj 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.
C. 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 corridors.
Special Conditions
54. The Average Daily Trips (ADT) contained in the staff report and shown on the Tentative
Map are for planning purposes only. 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.
Water
55.
56.
57.
58.
59.
60.
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, if proposed, 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 Diego County Water
Authoritv capacity charge(s) prior to issuance of Building Permits.
The Developer shall prepare a colored recycled water use map and submit this map for
processing and approval by the District Engineer. A copy of the approved exhibit shall
accompany the landscape, improvement and grading plans for reference.
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 a
location approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
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61.
62.
63.
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65.
66.
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68.
The Developer shall install sewer laterals and clean-outs at a location 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.
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. A note to this effect shall be placed on the Final Map, as non-mapping data.
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.
The Developer shall coordinate with the District Engineer regarding the looped system
and easements.
The Developer shall submit a detailed sewer study, prepared by a Registered
Engineer, that identifies the peak flows of the project, required pipe sizes, depth of
flow in pipe, velocity in the main lines, and the capacity of the existing
infrastructure. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the City
Engineer.
The Developer shall submit a detailed potable water study, prepared by a
Registered Engineer that identifies the peak demands of the project (including fire
flow demands). The study shall identify velocity in the main lines, pressure zones,
and the required pipe sizes. Said study shall be submitted concurrently with the
improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The Developer shall submit detailed design drawings prepared by a Registered
Engineer for the construction of a pressure reducing station, if required to serve the
project. Said plans shall be prepared to the satisfaction of the District Engineer.
Code Reminders
69. 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.
70. Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
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Developer shall provide the following note on the final map of the subdivision and final
mylar of this development submitted to the City:
A. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth
Management Control Point for each General Plan land use designation.
Development cannot exceed the Growth Control Point except as provided by
Chapter 21.90. The land use density designation for this development allows 0 -
4 dwelling units per non-constrained acre. The required findings for the
proposed density of .86 dwelling units per acre have been made.
Parcels 223-061-01 and 223-061-02 were used to calculate the intensity of
development under the General Plan and Chapter 21.90. Subsequent
redevelopment or resubdivision of any one of these parcels must also include
parcels 223-061-01 and 223-061-02 under the General Plan and Chapter 21.90 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.
The tentative map shall expire twenty-four (24) months fiom the date this tentative map
approval becomes final.
Developer shall exercise special care during the construction phase of this project to
prevent 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.
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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 final 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
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, held on the 17th day of August 2005, by the following
vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Dominguez, Heineman,
Montgomery, and Whitton
NOES:
ABSENT: Commissioner Cardosa 3 JEFFRE . SEGALL, hairperson
CARLSBAD PLANNING COMMISSION
DON NEU
Assistant Planning Director
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