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HomeMy WebLinkAbout2003-09-17; Planning Commission; Resolution 54611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 131.0 ACRES INTO 523 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH RESIDENTIAL, (PLANNING AREAS 6 THROUGH 10 APPROVAL OF CARLSBAD TRACT NUMBER CT 02-14 TO AND 12) CASE NO.: CT 02-14 WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Lots 6,7,8,9,10,12, and 16 of Carlsbad Tract No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14600 filed in the office of the County Recorder of San Diego County May 29,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “R1 - 12” dated September 17, 2003, on file in the Planning Department BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) - CT 02-14, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September 2003, 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) - CT 02-14, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. 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 Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable regulations including the Bressi Ranch Master Plan (MP 178). That the proposed project is compatible with the surrounding fhture land uses since surrounding properties are designated for residential, commercial and industrial development on the General Plan and in the Bressi Ranch Master Plan and in that the neighborhoods of Bressi Ranch have been designed per the land use distribution shown in the Bressi Ranch Master Plan where each neighborhood compliments the next. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Bressi Ranch Master Plan. 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 recordation of the final map the developer will vacate and adjust any easements that conflict with 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 fhture passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with reasonable separation to allow adequate air circulation within and surrounding any future residential units as well as orienting the homes in various directions which provides benefit relative to the path of the sun and tree planting to provide shade. 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 PC RES0 NO. 5461 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 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 proposed development is located outside of the hard line preserve area identified in the Habitat Management Plan approved for the property. The project area is a designated development area in the Bressi Ranch Master Plan, which was evaluated in the Final Program EIR 98-04. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [ 15 168(c)(2) and (e)]; b. this project is consistent with the Master Plan cited above; c. EIR 98-04 was certified in connection with the prior Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR, e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and f. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from ElR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and Bressi Ranch Master Plan based on the facts set forth in the staff report dated September 17,2003 including, but not limited to the following: a. Land Use - The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4, 4-8 and 8-15 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2, 6, and 11.5 du/acre as well as PC RES0 NO. 5461 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. b. C. d. e. not exceeding the number of units permitted by the Bressi Ranch Master Plan. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Bressi Ranch Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Bressi Ranch Master Plan. The Bressi Ranch Condominiums Affordable Project will satisfy the inclusionary housing requirement for this project. Open Space and Conservation - The Open Space Preserve Areas are identified in the City’s Habitat Management Plan, certified EIR 98-04, and Bressi Ranch Master Plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the Bressi Ranch Master Plan. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Bressi Ranch Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide fbnding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 13. 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 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. PC RES0 NO. 5461 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 17. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 17 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise as the property is within the Noise Impact Notification Areas. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that no residential areas of the project site are within the 60 CNEL or greater noise contours for the airport. 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 has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of a final map or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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. 2. 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 fiom this approval, shall require an amendment to this approval. PC RES0 NO. 5461 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. 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 Director a reproducible 24” x 36” mylar copy of the Tentative Tract Map reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. This approval is granted subject to the approval of MP 178(A) and PUD 02-06 and is subject to all conditions contained in Planning Commission Resolutions No. 5460 and 5464 for those other approvals incorporated herein by reference. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures that are required as part of the Zone 17 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 PC RES0 NO. 5461 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. The Developer shall implement and comply will all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning Commission Resolution No. 5201. 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 as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Lennar Bressi Ranch Venture, LLC to provide and deed restrict 100 dwelling units as affordable to lower-income households for 15 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The 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. The 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 fi-om weeds, trash, and debris. The 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. The CC&Rs shall adequately address maintenance of all common landscaped areas (including landscaping within parking areas) and paved parking areas. Prior to issuance of a Certificate of Occupancy the Developer shall provide the Planning Department with a recorded copy of the official CC&R s 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 by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in the 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 the City within 30 days for the official record. PC RES0 NO. 5461 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. D. Failure of Association to Maintain Common Area Lots and Easement. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right but not the duty, to perform the necessary maintenance. If the City elects to perfom 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 fiom the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessment Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The 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 form the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be set forth in Exhibit F. Restrictions on Private Lots. Restrictions on the use of any portion of a private lot shall be as set forth in Exhibit 17. 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 PC RES0 NO. 5461 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. 24. 25. Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extend 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. The 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, future and existing schools, parks and streets. The 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. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 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 El Camino Real, Palomar Airport Road, El Fuerte Street and Poinsettia Lane, 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 submit a street name list consistent with the City’s street name policy subject to the Planning Directors approval prior to final map approval. Any signs proposed for this development shall at a minimum be designed in conformance with the Bressi Ranch Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. PC RES0 NO. 5461 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Prior to the issuance of building permits, 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(n) Tentative Tract Map by Resolution No. 5461 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest Developer shall dedicate on the final map, an open space easement for those portions of lots 64, 160, 335, 336, 421, 423, 516, 517, 519, 520, and 522 which are in slopes to prohibit any encroachment or development other than as shown on Exhibits RL 1-41. Developer shall make an irrevocable offer of dedication to the City establishing lots 333, 334, 422, 424, 518, 521, and 523 as common open space for recreational purposes in perpetuity. The common recreational vehicle storage area in Planning Area 13 shall be completed and available to residents concurrent with the occupancy of the 51st residential unit. A 30-foot building setback restriction from the right-of-way of El Fuerte Street shall be placed and recorded on lots 455-461. The same restriction shall be illustrated in the property CC&Rs. Pedestrian scale decorative street lighting subject to the approval of the Planning Director and City Engineer shall be provided in locations and in quantities determined by the City Engineer. Longer stretches of wall and/or fence along public rights-of-way as determined by the Planning Director shall be visually softened by the use of vines, shrubs, and/or trees as determined by the Planning Director and shall be reflected on the landscape plans. A minimum of one twenty-four inch box size tree per residential lot of the subdivision shall be planted in the parkway adjacent to each residential lot of the subdivision and shall be reflected on the landscape plans. The species shall be as determined by the Planning Director. A minimum of 25 percent of all single-family residential driveways leading to a front loaded garage not accessed from an alley as determined by the Planning Director shall be designed as “Pasadena” driveways with either grass or enhanced pavement in the middle, examples of which are shown on Exhibits “R14-23.” All lots with side-loaded garages shall have enhanced driveway paving as determined by the Planning Director. PC RES0 NO. 5461 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Amended Condition No. 36 36. 37. 38. Rear home elevations shall incorporate design elements typical to that architectural style, to the satisfaction of the Planning Director, including window shapes, sizes, configurations and surround treatments such as pop-outs, headers, ledges, shutters, window boxes, etc. The rear elevation designs shall be shown on Exhibits RA1 through RA116. Standard and reverse floorplans shall be distributed to the greatest extent possible throughout all neighborhoods to the satisfaction of the Planning Director and their locations shall be shown on Exhibits R17 through R23. Side home elevations that are fully exposed to a street shall incorporate design elements typical to that architectural style to the satisfaction of the Planning Director including window shapes, sizes, configurations and surround treatments such as pop-outs, headers, ledges, shutters, window boxes, etc. and other exterior building materials such as horizontal siding, brick and stone veneers. The side elevation designs shall be shown on Exhibits RA1 through RA116 and the locations where the enhanced side elevations are to be located shown on Exhibits R17 through R23. Engineering 39. 40. 41. 42. 43. 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. This project is approved for up to six (6) Final Maps for the purposes of recordation in the order of phasing and lot numbers as shown on the tentative map. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). Tvpe I "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 PC RES0 NO. 5461 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." Tvpe I1 "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. The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. PeedAereemen ts 44. 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. 45. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Grading 46. 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. 47. 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 fiom the City Engineer. Dedications/Improvements 48. 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 andor by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 49. PC RES0 NO. 5461 -12- Additional drainage easements may be required. Developer shall dedicate and provide or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 50. 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 and 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) Onsite improvements including but not limited to sewer, water, recycled water, storm drain, water quality treatment facilities, streets and alleys as shown on the Tentative Map. b) Frontage improvements of the Master Tentative Map (CT 00-06) including but not limited to: Palomar Airport Road, El Camino Real, El Fuerte Road, and infrastructure as shown on DWG 400-8, C, E, G, H, I, and 400-85 to the satisfaction of the City Engineer. These improvements shall either be constructed in advance of development permits or secured by this project if they are not yet complete. At the time of final design for this project, the security may be waived if these circulation and utility improvements have been installed to the satisfaction of the City Engineer. Design and construct a new fully actuated traffic signal at the intersection of Gateway Road and Village Green Drive. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. d) Poinsettia Lane to be fully improved between El Camino Real and Melrose Drive as shown on DWG 397-21 and 2K. 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. 51. Developer shall cause Owner to waive direct access rights on the final map for all lots fronting more than one (1) street as shown on the tentative map and as approved by PC RES0 NO. 5461 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 52. 53. 54. the City Engineer. 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. b. C. d. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. 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. e. f. Developer shall incorporate into the gradinghmprovement plans the design for the project PC RES0 NO. 5461 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 55. Notes to the following effects 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. b. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnifL 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. d. Planning Area 12 has provided an extension of a public street named “Clamont Ave.” to serve Planning area 13. The adjacent planning area could develop and access may be provided via the public street as irrevocably offered and as shown on this recorded map. Special Conditions 56. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall 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 57. 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. 58. 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. PC RES0 NO. 5461 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access andor 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 Dieno County Water Authority 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. 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 PC RES0 NO. 5461 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 70. 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 Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 71. 72. 73. 74. 75. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to 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. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, PC RES0 NO. 5461 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of September 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None c R, Chairperson Ce PLANNING COMMISSION ATTEST: MICHAEL J. HaZMELER Planning Director PC RES0 NO. 5461 -18-