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HomeMy WebLinkAbout2003-09-17; Planning Commission; Resolution 54651 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. 5465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW FOR THE DEVELOPMENT OF 100 INDIVIDUAL OWNERSHIP AFFORDABLE CONDOMINIUMS ON PROPERTY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, WEST OF THE FUTURE EXTENSION EL FUERTE STREET AND NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: APPROVAL OF CONDOMINIUM PERMIT CP 03-03 TO BRESSI RANCH AFFORDABLE HOUSING CASE NO.: CP 03-03 WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portion of Lot 15 of Carlsbad Tract No. 00-06, in the City of Carlsbad, County of San Diego, State of California, according to map thereof 14600 filed in the office of the County Recorder May 29,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “AHL 1-8” and “AHA 1-5” dated September 17,2003, on file in the Planning Department, BRESSI RANCH AFFORDABLE HOUSING - CP 03-03 as provided by Chapter 21.45 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 Condominium Permit. 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 1. 2. 3. 4. 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 AFFORDABLE HOUSING - CP 03-03, based on the following findings and subject to the following conditions: That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the project has been designed to reflect City Council Policy Statement No. 66 regarding Livable Neighborhoods and City Council Policy Statement 44 regarding Neighborhood Architectural Design Guidelines, to provide common recreation and open spaces, to provide common recreational vehicle storage, and to provide a variety of housing designs. That the proposed project’s density, site design and architecture are compatible with surrounding development, 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. The Planning Director has determined that: a. b. C. d. e. f 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; [ 15168(c)(2) and (e)]; this project is consistent with the Master Plan cited above; EIR 98-04 was certified in connection with the prior Master Plan; the project has no new significant environmental effect not analyzed as significant in the prior EIR; none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program fiom EIR 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 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 funding to ensure that all facilities and improvements regarding: sewer collection PC RES0 NO. 5465 -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 5. 6. 7. 8. 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. 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 the project is being proposed and will be implemented consistent with the requirements of the Bressi Ranch Master Plan and Zone 17 Local Facilities Management 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. 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 the project is not within noise contours greater than 60 CNEL as created by airport operations. 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 hrther 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 PC RES0 NO. 5465 -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 2. 3. 4. 5. 6. 7. 8. 9. vested rights are gained by Developer or a successor in interest by the City’s approval of this Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Condominium Permit, (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 Site Plan 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 CT 03-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5460 and 5463 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 18 months from the date that CT 03-03 is recorded as a final map PC RES0 NO. 5465 -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 10. 11. 12. 13. 14. 15. 16. 17. 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, which 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 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, fi-ee from 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 PC RES0 NO. 5465 -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 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. C. Failure of Association to Maintain Common Area Lots and Easement. In the event that the Association fails to maintain the “Common Area Lots andor the Association’s Easements” as provided in Article , Section the City shall have the right but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. 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 PC RES0 NO. 5465 -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 18. 19. 20. 21. 22. 23. 24. actions and/or to pursue lien foreclosure procedures against any Owner and his/her 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 Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 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, hture 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 issuance of building permits, 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 issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from El Camino Real, Palomar Airport Road, and El Fuerte Street in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). PC RES0 NO. 5465 -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 25. 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 Condominium Permit by Resolution No. 5465 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. A greater percentage of 36 inch and 48 inch box specimen trees shalLbe provided between the three protruding building sections than are shown on the concept landscape 'plans Exhibits AHLl through AHL8, dated September 17, 2003. The quantity and location of the specimen trees shall be shown on the Final Landscape and Irrigation Plan subject to the approval of the Planning Director. 26. Engineering General 27. 28. 29. 30. 31. 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 and/or 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. There shall be one Final Map recorded for this project. 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 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." PC RES0 NO. 5465 -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 "No structure, fence, wall, tree, !,-rub, 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. FeedAPreements 32. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 33. 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. 34. Based upon a review of the proposed grading and the grading quantities shown on the Tentative Map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer. DedicationsLImarovements 35. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 36. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 37. 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, PC RES0 NO. 5465 -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 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. c) Poinsettia Lane to be fully improved between El Camino Real and Melrose Drive as shown on DWG 397-21 and 2K. d) 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 En gin eer. 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. 38. Prior to occupancy, Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision in conformance with City of Carlsbad Standards. 39. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 40. PC RES0 NO. 5465 -10- Prior to occupancy, Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. 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 41. 42. 43. 44. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section 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. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall cause Owner to waive direct access rights on the final map for all lots as shown on the tentative map and as approved by 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. Include all content as established by the California Regional Water Quality Control Board requirements; b. Include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; c. 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 d. 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 Storm water 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. Identify existing and post-development on-site pollutants-of-concern; PC RES0 NO. 5465 -1 1- 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 b. C. d. e. f. 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; 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. Final Map Notes 45. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: a. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 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 indemnify the City of Carlsbad fiom any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. c. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Special Conditions 46. 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 47. 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 PC RES0 NO. 5465 -12- 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 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charae(s1 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 water 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 PC RES0 NO. 5465 -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 plans for the project and the study shall be prepared to the satisfaction of the City Engineer. 59. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 60. 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: 61. 62. 63. 64. 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 final approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PC RES0 NO. 5465 -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 You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any 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 , Chairperson PLANNING COMMISSION ATTEST: MICHAEL J. HOL~MILLM Planning Director PC RES0 NO. 5465 -15-