HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 6661PLANNING COMMISSION RESOLUTION NO. 6661
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 09-01 TO
3 SUBDIVIDE 10.07 ACRES INTO FOUR LOTS WITH 49
AIRSPACE CONDOMINIUM OFFICE UNITS ON PROPERTY
4 GENERALLY LOCATED SOUTH OF CANNON ROAD, EAST
OF EL CAMINO REAL, AT THE SOUTHEAST CORNER OF
THE INTERSECTION OF WIND TRAIL WAY AND CANNON
6 ROAD, WITHIN THE ROBERTSON RANCH MASTER PLAN,
PLANNING AREA 22 AND THE "OPTION PARCEL," IN
7 LOCAL FACILITIES MANAGEMENT ZONE 14.
CASE NAME: ROBERTSON RANCH PA 22
8 CASE NO.: CT 09-01
9
WHEREAS, Brookfield Tamarack, LLC, "Developer," has filed a verified
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application with the City of Carlsbad regarding property owned by Calavera Hills II, LLC,
^2 "Owner," described as:
13 Lot 3 of Carlsbad Tract No. 02-16, Robertson Ranch East
Village, in the City of Carlsbad, County of San Diego, State of
14 California, according to Map thereof No. 15608, filed in the
Office of the County Recorder of San Diego County,
September 18, 2007; and Parcel 2 of Parcel Map No. 19804, in
15 the City of Carlsbad, County of San Diego, State of California,
filed in the Office of the County Recorder of San Diego
17 County, August 3, 2005 as Instrument No. 2005-0659805 of
Official Records18
19 ("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Tentative Tract
21 Map as shown on Exhibits "A" - "T" dated December 16, 2009, on file in the Planning
22 Department ROBERTSON RANCH PA 22 - CT 09-01, as provided by Chapter 20.12 of the
23
Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on December 16, 2009, hold a duly
26 noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
2° and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.
4
<- B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of ROBERTSON RANCH PA 22 - CT 09-01,
6 based on the following findings and subject to the following conditions:
7 Findings:
° 1. That the proposed map and the proposed design and improvement of the subdivision as
Q 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
10 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
11 staff report; is consistent with all the minimum requirements of Titles 20 and 21
governing lot size and configurations; and the project has been designed to comply
with all applicable City Regulations, including the Robertson Ranch Master Plan.
2. That the proposed project is compatible with the surrounding future land uses since
14 surrounding properties are designated for residential and open space development on
the General Plan, and the proposed Office and Related Commercial (O) and Open
15 Space (OS) Land Use designations and RV storage area are considered compatible
1 land use designations and uses.
j7 3. That the site is physically suitable for the type and intensity of the development since the
site is adequate in size and shape to accommodate the office and RV storage area
18 development at the intensity proposed, in that the project complies with all
development standards and public facilities requirements without the need for
1" variances from any of the development standards.
70 4. That the design of the subdivision or the type of improvements will not conflict with
2} 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
22 that concurrent with recordation of the final map, the developer will vacate and
adjust any easements that conflict with the proposed development.
23
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
6. That the design of the subdivision and improvements are not likely to cause substantial
26 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project site is extensively disturbed and is identified in the HMP as
27 a "Development Area" with no adjacent HMP "Hardline" boundaries. According
to the Robertson Ranch Master Plan EIR and the subsequent Preliminary Biological
Assessment that was prepared on the project, the site does not support any riparian,
aquatic or wetland habitat, or any other sensitive natural communities. Calavera
PCRESONO. 6661 -2-
Creek is located off site and adjacent to the project's southerly boundary within
2 Rancho Carlsbad Estates. According to the Preliminary Biological Assessment, the
open water found in the creek bottom of this off-site creek channel does not support
3 any wetland species typically associated with a freshwater stream. Winter rains
scour the channel bottom periodically keeping it free of vegetation, while the creek
banks and adjacent flat bench are planted with ornamentals and maintained
<- regularly by the Rancho Carlsbad HOA. Therefore, the northern edge of the
channel bottom (the edge of Open Water) represents the wetland feature most
6 proximate to the proposed project boundaries. Pursuant to the HMP conservation
standards, a 100-foot buffer is required from all wetlands, which this project
7 incorporates by design. Best Management Practices (BMPs), as required by the
Storm Water Management Plan, contains adequate measures that will preclude
significant sediment runoff from the site. The project will implement erosion
9 control measures to avoid pollution and sedimentation of important water resources
and the loss of vegetative resources from sloped areas by incorporation of such
10 features as silt fences, brow ditches where needed and desiltation basins.
Furthermore, it should be noted that there is an existing six-foot tall masonry wall
1 belonging to Rancho Carlsbad Estates and located on the north side of the creek
ij channel further separating this project from the creek channel.
13 7. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
14 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
16 (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California
Regional Water Quality Control Board and with the City of Carlsbad Municipal
17 Code.
18 8. 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 5, 2009 including, but not limited to the following:
20
a. Land Use - The existing General Plan Land Use designation for Planning Area
21 22 is Unplanned Area (UA). The UA designation indicates areas where planning
for future land uses has not be completed. The UA designation is implemented
through the Planned Community (P-C) Zone, which is applied to all of the
23 properties within the Master Plan. The adjacent 5.7 acre "Option Parcel" has a
General Plan Land Use designation of Residential Low-Medium Density (RLM,
24 0-4 du/ac). The proposed project involves annexing 2.21 acres of the "Option
Parcel" into the boundaries of the Master Plan to create a new 6.58 acre
25 Planning Area 22 project site. A General Plan Amendment is proposed, which
~6 would modify the allowable land uses on the subject site from UA and RLM to
Office & Related Commercial (O) and Open Space (OS). The OS designation
27 would be applied to a portion of the project site (Lot 4), which includes a 100
foot wetland buffer for Calavera Creek and a mature stand of existing sycamore
28 trees. The O General Plan Land Use classification designates areas that are
compatible with and environmentally suited for office and professional uses, as
PCRESONO. 6661 -3-
well as related commercial uses. This designation is appropriate for office uses,
2 and can function as a transitional land use between retail commercial areas and
residential uses or residential neighborhoods with varying densities. The office
3 use would allow for the development of a commercial office building, related
parking lot, and accessory uses, as well as an RV storage lot for the benefit of the
residents of the Robertson Ranch East and West Villages. Development of office
<- type land uses in close proximity to housing implements the smart growth
principle of providing a balanced mix of land uses in a community, which is
6 considered to be a critical component of achieving better places to live. By
placing uses in close proximity to one another, alternatives to driving, such as
7 walking or biking, become more viable. The Robertson Ranch Master Plan is
strong in providing a mix of housing, ample parks and open space areas, along
with local shopping. The O General Plan Land Use designation on this site will
9 enhance the Master Plan one step further by providing employment
opportunities proximate to residential use,, and therefore a more balanced
10 community.
b. Public Safety - The project includes or has been conditioned to provide facilities
to ensure that the development proposal complies with all public safety
requirements.
13
c. Open Space & Conservation - The project minimizes impacts to natural resources
14 in that no sensitive resources presently exist within the boundaries of the
development. The project includes and designates as open space a 100 foot
wetland buffer for Calavera Creek. The project utilizes Best Management
16 Practices for control of storm water and to protect water quality in that, the
project is designed in accordance with the City's Stormwater regulations; it is
17 conditioned to implement Best Management Practices (BMP) for water quality
protection, to comply with the City of Carlsbad Standard Urban Stormwater
18 Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region
in of the California Regional Water Quality Control Board and with the City of
Carlsbad Municipal Code.
20
d. Circulation - Good road design practice has been utilized to minimize the
2* number of intersections and other conflicting traffic movements in that the
»~ project driveway for ingress and egress has been designed to align with the
existing intersection at Wind Trail Way and Cannon Road in order to minimize
23 the number of intersections and conflicting traffic movements along this
corridor.
24
e. Noise - An Acoustical Site Assessment was prepared for the project. Vehicle
noise from Cannon Road was identified as the primary noise source affecting the
project site. Through mitigation, the office building is required to provide a
minimum noise reduction of 13.3 dBA CNEL to comply with the City's interior
27 Leq(h) standard of 55 dBA CNEL. Additionally, the nearest noise sensitive area
to the project is Rancho Carlsbad Estates, the boundaries of which are located
approximately 215 feet to the south of the project site. The proposed office
building is proposing a ground mounted mechanical equipment enclosure on the
PC RESO NO. 6661 -4-
south side of the -building. Mitigation measures prohibiting the venting of
2 louvers on the south side of the enclosure, as well as requiring the wall height of
the enclosure to extend a minimum of one foot above the surface height of the
3 mechanical equipment, together with a proposed and an existing six foot tall
masonry perimeter wall at the top of slope and southern boundary of proposed
4 • Lot 4, will reduce noise levels below 40 dBA Leq, which is below both the City's
s- exterior 60 dBA CNEL and interior 45 dBA CNEL requirements for residential
land uses.
6
9. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
7 Facilities Management Plan for Zone 14 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
9 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
10 project will be installed to serve new development prior to or concurrent with need.
10. The project has been conditioned to pay any increase in public facility fee, or new
12 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
13 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.
14
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 14.
16
12. That all necessary public facilities required by the Growth Management Ordinance will
17 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.18
iq 13. The Planning Commission hereby finds that all development in Carlsbad benefits from
the Habitat Management Plan, which is a comprehensive conservation plan and
20 implementation program that will facilitate the preservation of biological diversity and
provide for effective protection and conservation of wildlife and plant species while
21 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
23 the realization of the social, economic, aesthetic and environmental benefits from the
preservation of open space within an increasingly urban environment. Moreover, each
24 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
26 Habitat Management Plan.
27 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
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PCRESONO. 6661 -5-
15. The Planning Commission of the City of Carlsbad does hereby find:
2
a. it has reviewed, analyzed, and considered the Mitigated Negative Declaration and
3 Mitigation Monitoring and Reporting Program and Addendum for
ROBERTSON RANCH PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-
4 01/SDP 09-01/PUD 09-01, the environmental impacts therein identified for this
5 project and any comments thereon prior to RECOMMENDING APPROVAL of the
project; and
6
b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
' Program and Addendum have been prepared in accordance with requirements of the
„ California Environmental Quality Act, the State Guidelines and the Environmental
Protection Procedures of the City of Carlsbad; and
9
c. it reflects the independent judgment of the Planning Commission of the City of
10 Carlsbad; and
d. based on the EIA and comments thereon, there is no substantial evidence the project
will have a significant effect on the environment.
13 16. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
. _ degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions;
17 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
a grading permit, recordation of a final map or issuance of a building permit,
1° whichever occurs first.
19 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
20 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
21 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
23 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
24 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
27 shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
28
PCRESONO. 6661 -6-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
4 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
6 all requirements of law.
7 5. Developer shall implement, or cause the implementation of, the ROBERTSON RANCH
PA 22 - GPA 09-01/ZC 09-01/MP 02-03(B)/CT 09-01/SDP 09-01/PUD 09-01 Project
Mitigation Monitoring and Reporting Program and Addendum.
9
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
10 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
12 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
13 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
14 including without limitation, any and all liabilities arising from the emission by the
1 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
15 approval is not validated.
17 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
the (Tentative Tract Map, Site Plan & Grading Plans) reflecting the conditions
approved by the final decision-making body.
19 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
20 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.21
22 9. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 14 Local Facilities Management Plan and any amendments made to
23 that Plan prior to the recordation of the Final Map.
24 10. This approval is granted subject to the approval of the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program and Addendum, GPA 09-01, ZC
09-01, MP 02-03(6), SDP 09-01, and PUD 09-01 and is subject to all conditions
26 contained in Planning Commission Resolutions No. 6657, 6658, 6659, 6660, 6662, and
6663 for those other approvals incorporated herein by reference.
27
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
PC RESO NO. 6661 -7-
time of the application for the building permit, and that water and sewer capacity and
2 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map.
3
12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
<- 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
6 Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
7 approval will not be consistent with the General Plan and shall become void.
o
13. Developer shall report, in writing, to the Planning Director within 30 days, any address
9 change from that which is shown on the permit application.
10 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a(n) Tentative
Tract Map, Site Development Plan, and Non-Residential Planned Development
13 Permit by Resolution(s) No. 6661, 6662, and 6663 on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The Planning Director has the
authority to execute and record an amendment to the notice which modifies or terminates
16 said notice upon a showing of good cause by the Developer or successor in interest.
17 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.
20
16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
21 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
23 17. Prior to occupancy, the Developer shall submit to the Planning Director a recorded copy
of the Condominium Plan filed with the Department of Real Estate which is in
24 conformance with the City-approved documents and exhibits.
25 18. Developer shall establish an owner'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. The CC&Rs shall adequately address the
27 maintenance of all common landscape areas, employee eating areas, and paved
access and parking areas. Prior to recordation of the Final Map the Developer shall
provide the Planning Department with a draft copy of the CC&Rs. The approved
PCRESONO. 6661 -8-
CC&Rs shall be recorded concurrently with the Final Map. At a minimum, the
2 CC&Rs shall contain the following provisions:
3 a. General Enforcement by the City. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in favor
^ of, or in which the City has an interest.
b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
6 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
7 within 30 days for the official record.
g
c. Failure of Association to Maintain Common Area Lots and Easements. In the event
9 that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section the
10 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
,2 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
13 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
14 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.
16
d. Special Assessments Levied by the City. In the event the City has performed the
17 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
1810 City to perform such maintenance of the Common Area Lots and or Association's
i o 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
20 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
21 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
23 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
24 in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the
26 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
27 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
28 and to bring all legal actions and/or to pursue lien foreclosure procedures against any
PCRESONO. 6661 -9-
Owner and his/her respective Lot for purposes of collecting such special assessment
2 in accordance with the procedures set forth in Article of this Declaration.
3 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
<- f. The location and size of all employee eating areas, parking areas, and
landscaped areas shall not be altered, reduced, fenced, or divided to preclude the
6 equal use by all owners/employees of the site.
g. Provisions for the maintenance of Open Space Lot 4.
Q
19. A joint use parking agreement shall be submitted for review and approval by the
9 Planning Director, City Engineer, and City Attorney. The agreement shall provide
for the following:
10
a. The sharing in perpetuity of all parking and access aisles/driveways onsite, and
between all the uses proposed for the project.
12 b. The agreement shall not be modified without the prior written approval of the
13 Planning Director, City Engineer, and City Attorney.
c. A copy of the joint use parking agreement shall be recorded in the Office of the
County Recorder and copies filed
the recordation of the Final Map.
County Recorder and copies filed with the Planning Director concurrently with
16..
20. The location and size of all employee eating areas, parking and landscaped areas
17 shall not be altered, reduced, fenced, or divided to preclude the equal use by all
owners/employees of the site.
jo 21. 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
20 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
23 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
24 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to
recordation of a final map, or issuance of a grading permit or building permit, whichever
occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) and the Preliminary Biological
Assessment (Planning Systems, August 10, 2009), for impacts to 0.06-acres of
27 Unoccupied Coastal Sage Scrub (Group-D Habitat), 0.36-acres of Annual Non-
Native Grassland (Group-E Habitat), and .33-acres of Disturbed Lands (Group-F
Habitat). If the In-lieu Mitigation Fee for this project is not paid, this project will not be
PCRESONO. 6661 -10-
consistent with the Habitat Management Plan and the General Plan and any and all
2 approvals for this project shall become null and void.
3 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view below the parapet height and sound buffered from adjacent
^ properties and streets consistent with Building Department Policy No. 80-6, and to the
t- satisfaction of the Directors of Community Development and Planning.
6 23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
7 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
9
24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
10 When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the
* 1 approved plan.
12 25. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
13 including parking areas and the RV storage lot. All lighting shall be designed to reflect
downward and avoid any impacts on adjacent homes or property.
14
Engineering:
16 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
17 permit whichever occurs first.
18 General
19 26. Prior to hauling dirt or construction materials to or from any proposed construction site
20 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
21
27. 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
23 determined that adequate water and sewer facilities are available at the time of permit
issuance.
24
28. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's
and/or other recorded document, addressing the maintenance, repair, and replacement of
2/r shared private improvements within this subdivision, including but not limited to private
streets, driveways, utilities, sidewalks, landscaping street/driveway/parking area lighting
27 enhanced pavement, low impact development features, storm drain and facilities located
therein and to distribute the costs of such maintenance in an equitable manner among the
28 owners of the properties within this subdivision.
PCRESONO. 6661 -11-
29. There shall be one Final Map recorded for this project.
2 30. Developer shall install sight distance corridors at all street intersections and driveways in
3 accordance with City Engineering Standards.
31. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall
submit to the City Engineer written approval from North County Transit District (NCTD)
demonstrating mass-transit improvement requirements for this project have been
satisfied.
Fees/Agreements
o
32. Developer shall cause property owner to execute and submit to the City Engineer for
9 recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
10 33. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement.
,« 34. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
13 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
14 Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a final) map, whichever occurs first for this Project.
15 35. Developer shall cause property owner to apply for, execute, and submit, to the City
Engineer for recordation, an Encroachment Agreement covering private sewer laterals
17 located under, and across proposed public right-of-way or easements as shown on
the tentative map. Developer shall pay processing fees per the City's latest fee schedule.
1 o
36. Developer shall cause property owner to apply for and complete a Change and
Modification of Assessment District 2003-01 Proceedings. The proceedings shall
20 include the preparation of an Amended and Restated Engineers Report. Developer
shall fund all associated costs of the proceedings. The application and initial deposit
shall be submitted to the Deputy City Engineer, Planning and Programs, with the
application for the final map.
23 37. Developer shall cause property owner to apply for and obtain apportionment of the
assessments imposed on the subject property as established subsequent to the
24 completion of the Change and Modification Proceedings and in accordance with the
law governing the associated Assessment District 2003-01 (College Boulevard and
Cannon Road East), or the assessments must be paid in full. Developer shall pay all
25 associated costs of said apportionment. The application shall be submitted to the
Deputy City Engineer, Planning and Programs, with the application for the final
27 map.
38. 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
PCRESONO. 6661 -12-
map for this project, Developer shall cause Owner to execute an Agreement to annex the
2 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
3 property into SL&LD #2.
^ Grading
39. Based upon a review of the proposed grading and the grading quantities shown on the
6 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 shall pay all
7 applicable grading plan review fees per the City's latest fee schedule.
Q
40. Developer shall apply for and obtain a grading permit from the City Engineer. Developer
9 shall pay all applicable grading permit fees per the City's latest fee schedule and shall
post security per City Code requirements.
10
41. This project may require off site grading over a portion of Lot 7, Map 15608. No
grading for private improvements shall' occur outside the project unless Developer
, 2 obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading,
construction or slope easement or agreement from the owners of the affected properties.
13 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
14 an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and Planning Director.
16
42. Developer shall comply with the City's Storm water Regulations, latest version, and shall
17 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
silt runoff during construction, general housekeeping practices, pollution prevention and
JQ educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
20 stormwater conveyance system to the maximum extent practicable. Developer shall notify
prospective owners and tenants of the above requirements.
21
43. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
receipt of a Notice of Intention from the State Water Resources Control Board.
23
44. Prior to the issuance of grading permit or building permit, whichever occurs first,
24 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
and provisions established by the San Diego Region of the California Regional Water
26 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
27 runoff during construction of the proj ect.
28 45. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad .Standard Urban
PC RESO NO. 6661 -13-
1 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego
2 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code all to the satisfaction of the City Engineer.
3
46. Developer shall incorporate Low Impact Development (LID) design techniques, on all
4 final design plans submitted to the City, to reduce the amount of run-off by mimicking
c the natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
6 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
7 (Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
9
47. Developer shall submit documentation, subject to City Engineer approval, demonstrating
10 how this project complies with Interim Hydromodification requirements per the City's
SUSMP, latest version. Documentation shall be included within the Storm Water
11 Management Plan (SWMP).
12 Dedications/Improvements
13
48. Developer shall cause Owner to submit to the City Engineer for recordation a covenant of
14 easement for private sewer purposes as shown on the. Developer shall pay processing
fees per the City's latest fee schedule.
16 49. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for
public utility purposes as shown on the tentative map. The offer shall be made by a
17 certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the City. Streets that are already public are not required
1 ° to be rededicated. Additional easements may be required at final design to the satisfaction
, o of the City Engineer.
20 50. Developer shall design the private streets, as shown on the tentative map to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
21 to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected
by the City. Developer shall pay the standard improvement plan check and inspection fees
for private streets.
23
51. Developer shall design the private drainage systems, as shown on the tentative map to the
24 satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain
and larger) shall be inspected by the City. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
26 52. Developer shall prepare and process public improvement plans and, prior to City
27 Engineer approval of said plans, shall execute a City standard Subdivision Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
28 for public improvements shown on the tentative map. Said improvements shall be
PCRESONO. 6661 -14-
installed to City Standards to the satisfaction of the City Engineer. These improvements
2 include, but are not limited to:
3 A. Public streets.
B. Water line, fire hydrants, and appurtenances.
4 C. Sewer lines.
Developer shall pay the standard improvement plan check and inspection fees.
6 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
7 said agreement.
o
53. Developer shall design, and obtain approval from the City Engineer, the structural section
9 for the access aisles with a traffic index of 5.0 in accordance with City Standards due to
truck access through the parking area and/or aisles with an ADT greater than 500. Prior to
10 completion of grading, the final structural pavement design of the aisle ways shall be
submitted together with required R-value soil test information subject to the review and
approval of the City Engineer.
12 54. Developer shall provide all-weather maintenance access roads to the public drainage
13 facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City
Engineer. Where maintenance access roads are not practical and/or permitted, Developer
14 shall incorporate low-maintenance design features to the satisfaction of the City Engineer.
Non-Mapping Notes
16 55. Add the following notes to the final map as non-mapping data:
17
A. Developer has executed a City standard Subdivision Improvement Agreement and
*° has posted security in accordance with C.M.C. Section 20.16.070 to install public
, n improvements shown on the tentative map.) These improvements include, but are
not limited to:
20
1) Public streets.
21 2) Water line, fire hydrants, and appurtenances.
3) Sewer lines.
23 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.
24
C. Geotechnical Caution:
25
2g 1) 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
27 from any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
28 on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
PCRESONO. 6661 -15-
1
2 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
3 defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans
standards.
4
c E. 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
6 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
7 from the drainage system or other improvements identified in the City approved
development plans; or by the design, construction or maintenance of the drainage
system or other improvements identified in the City approved development plans.
9
Utilities
10
56. 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.
13
57. Developer shall design and construct public facilities within public right-of-way or within
14 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the
discretion of the District or City Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
16
58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
17 for connection to public facilities.
59. The Developer shall design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the District Engineer.
20
60. Developer shall install potable water and/or recycled water services and meters at
21 locations approved by the District Engineer. The locations of said services shall be
reflected on public improvement plans.
23 61. The Developer shall install sewer laterals and clean-outs at locations approved by the
City Engineer. The locations of sewer laterals shall be reflected on public improvement
24 plans.
62. 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 and City Engineer.
27
63. The Developer shall provide potable water meters for each separately owned unit within
28 this subdivision in conformance with Carlsbad Municipal Water District Ordinance
No. 45, Article 5, Section 9.
PCRESONO. 6661 -16-
64. The design and operation of the proposed water system shall comply with the following:
2 A. Sub-meters may be installed for portions of this project in conformance with
3 Carlsbad Municipal Water District Ordinance No. 45, Article 5, Section 9.
The sub-meters shall be privately owned and maintained by the Property Owners
Association (POA) or Operator of this facility. It shall be the responsibility of the
<- POA/Operator to apportion the water bill to the separate sub-metered ownership
within each building served by a City water meter.
6
B. The project CC&R's shall include wording, satisfactory to the City Engineer,
relating to the provisions of Condition "A" above. The CC&Rs shall also include
language stating that the CC&R provisions related to water meters cannot be
changed without the approval of the City Engineer.
9
Code Reminders:
10
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
12 65. This tentative map shall expire three years from the date on which the City Council voted
13 to approve this application.
14 66. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the tentative map
15 are for planning purposes only.
17 67. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.18
68. 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
20 permit issuance, except as otherwise specifically provided herein.
69. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the California Building Code.
23 70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
24
71. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and the Robertson Ranch Master Plan, and shall
require review and approval of the Planning Director prior to installation of such signs.
27
28
PCRESONO. 6661 -17-
1 NOTICE
2
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
4 "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you
5 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
6 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.
8
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
9 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.
12
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
13
Commission of the City of Carlsbad, California, held on December 16, 2009, by the following
vote, to wit:
16 AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard,
Schumacher, and Chairperson Montgomery
18 NOES:
19 ABSENT:
20 ABSTAIN:
21
22
23 MARTELLB. MONTG^IERY, GKpperson
CARLSBAD PLANNING COMMISSION
24 "
25 ATTEST:
26
27
DON NEU
28 Planning Director
PCRESONO. 6661 -18-