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HomeMy WebLinkAbout2003-10-15; Planning Commission; Resolution 54871 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. 5487 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 42.9 ACRES INTO 82 RESIDENTIAL LOTS AND 6 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHEAST OF ALICANTE ROAD AND LAPIS ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASENAME: VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.08 APPROVAL OF CARLSBAD TRACT CT 02-23 TO CASE NO.: CT 02-23 WHEREAS, Morrow Development, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, “Owner,” described as Being a subdivision of Lots 8 and 9 of Carlsbad Tract No. 99- 03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the office of the County Recorder of San Diego County February 12,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “Q” dated October 15, 2003, on file in the Planning Department VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.08 - CT 02-23, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of October 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 VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.08 - CT 02-23 based on the following findings and subject to the following conditions: Findinm: 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 Villages of La Costa Master Plan. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development or Open Space on the General Plan, in that the site has a General Plan designation of Residential Low Medium density (RLM) and surrounding properties are designated as Residential Low Medium density (RLM) and Open Space (OS). That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all lot sizes and dimensions are consistent with the development criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code. 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 is conditioned to obtain any easements required for the proposed project. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future residential units. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. PC RES0 NO. 5487 -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. 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 not within a preserve area of the Habitat Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan, which was evaluated in Final Program EIR 98-07. 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 Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and Villages of La Costa Master Plan based on the facts set forth in the staff report dated October 15, 2003 including, but not limited to the following: a. b. C. d. e. Land Use - The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and does not exceed the number of units permitted in each neighborhood by the Villages of La Costa Master Plan. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan the developer is required to construct affordable housing units consistent with the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) approved for the Villages of La Costa Master Plan. The Villages of La Costa Greens affordable project will satisfy the inclusionary housing requirement for this project. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR, and Villages of La Costa 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 Villages of La Costa Master Plan. Noise - A project specific noise study prepared for the tentative map identified an area requiring 4 ft. high noise walls and are shown on project plans in conformance with the recommendation of the noise study. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. PC RES0 NO. 5487 -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 11. 12. 13. 14. 15. 16. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and 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 and San Marcos Unified School Districts that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and have been satisfied by the use of existing parkland credits in addition to the dedication of land for the future Alga Norte Park. 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. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 10. 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 10 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. 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 Director has determined that: a. the project is a(n) subsequent activity of the Villages of La Costa Master Plan for which a program EIR was prepared, and a notice for the activity has been PC RES0 NO. 5487 -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 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)]; and b. this project is consistent with the Master Plan cited above; and c. the Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan; and d. the project has no new significant environmental effect not analyzed as significant in the prior EIR, and 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. the Planning Commission finds that all feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. 17. 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 recordation of 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 from this approval, shall require an amendment to this approval. 3. PC RES0 NO. 5487 -5- Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 4. 5. 6. 7. 8. 9. 10. 11. 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 Map reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified and San Marcos Unified School Districts 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 10 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 with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010. This approval is granted subject to the approval of MP 98-01@) and is subject to all conditions contained in Planning Commission Resolution No. 5478 for that other approval is incorporated herein by reference. PC RES0 NO. 5487 -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. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement dated February 21, 2003 between Real Estate Collateral Management Company and the City of Carlsbad 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. 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. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement 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 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. 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. PC RES0 NO. 5487 -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 d. e. f. g. h. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice.to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions 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. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit Invasive/exotic species not to be used include those listed on Lists A and B of the “Exotic Plants of Greatest Ecological Concern in California” adopted by the California Exotic Pest Plan Council, October, 1999. HCP/OMSP Educational Material: Exhibit and sensitivity of the conserved habitat areas and ways to avoid impact to them. describes the importance LightinP Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 16. 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 10, pursuant to Chapter 21.90. All such taxes/fees 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. PC RES0 NO. 5487 -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 17. 18. 19. 20. 21. 22. 23. 24. Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifjmg all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 5487 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. 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 extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Developer shall dedicate on the final map, an open space easement for those portions of lots 83 through 88 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibit “B.” Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 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 PC RES0 NO. 5487 -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 25. 26. 27. 28. 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). Developer shall post aircraft noise notification signs in all sales andor 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). Removal of native vegetation and development of Open Space Lot(s) 83 through 88, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological re-vegetation program, landscape plan, etc.) as shown on Exhibit “B” is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. Prior to the issuance of building permits, a Site Development Plan shall be approved by the Planning Commission for the architecture and plotting of units. Engineering General 29. 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. 30. 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. 31. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other recorded document, for maintaining the private improvements that serve this subdivision: entry median hardscape/landscape/irrigation, street trees, concrete drainage swales, and storm 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. PC RES0 NO. 5487 -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 32. 33. 34. 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&R's). TvDe 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 or Homeowners Association 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 or Homeowners Association 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. No more than 25 residential building permits (units) within this subdivision shall be issued until there are two circulation access roads installed. The first access point is Street K connecting to Alicante Road. The second access shall be made by extending Street K to Lapis Road through CT 02-22 connecting back to Alicante Road. Prior to exceeding 25 units, the circulation improvements must be completed to the satisfaction of the City Engineer and the Fire Marshal. FeedAgreements 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 36. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 37. Developer shall cause property owner or Homeowners Association to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed sight distance corridors as shown on the Tentative Map over lots 1, 4, 9, 31, 39, 47, 52, 53, 62, 63 and 82. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the Caltrans sight distance lines and City sight distance corridors on a plat to be attached to the deed restriction; PC RES0 NO. 5487 -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. State that the sight distance corridor is to be maintained in perpetuity by the underlying property owner; and C. State that no objects such as along the sight distance corridor will not restrict, or impede the ability of motorist at the intersection to identify approaching vehicles pursuant to Caltrans sight distance and City sight distance corridor standards. 38. Developer shall cause Owner to waive direct access rights on the final map for all lots having frontage on more than one street (corner lots or through lots). Grading 39. 40. 41. 42. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 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 for the rough grading of this project. Developer shall prepare, process and receive approval of precise grading plans to the satisfaction of the City Engineer. Developer shall either obtain a separate grading permit for these precise grading plans or include them with the rough grading permit. Dedications/Improvements 43. Developer shall cause Owner to dedicate to the City andor 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. 44. 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. PC RES0 NO. 5487 -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 45. 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 street paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, storm water quality treatment devices and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a. The improvements shown on approved City Of Carlsbad Drawing Numbers 397-2, 397-2D, 397-2F, 397-2G, 397-21, 397-2K, 397-2s OR 397-2T (the “Improvements”) shall be substantially complete to the satisfaction of the City Engineer prior to the approval of the Final Map. If the Improvements have not been substantially completed to the satisfaction of the City Engineer, then the City Engineer may require additional security for the improvements, prior to the approval of the Final Map. b. Construct road, underground potable water, sewer, storm drain, and recycled water improvements for Lapis Road as shown on the Tentative Map. 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. 46. 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. 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. d. PC RES0 NO. 5487 -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 47. 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; 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; 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; and Provide calculations to verify numeric sizing criteria is satisfied. d. e. f. g. Final Map Notes 48. Developer shall show on Final Map the gross and net acres for each lot. 49. Notes to the following effects shall be placed on the map as non-mapping data: A. Geotechnical Caution: 1. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify 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. Water 50. 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 shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. PC RES0 NO. 5487 -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 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 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 Authoritv capacity charge(s) prior to issuance of Building Permits. 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 and the Planning Director. 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 sewer and water facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. The water system shall be installed in conformance with “The Water System Analysis for La Costa Greens CT 02-20 through CT 02-24!’ prepared by Dexter Wilson Engineering, Inc. dated June 12,2003, as approved by the District Engineer. Developer shall install a total of 82 potable water meters (one for each lot) for the project and additional irrigation meters to irrigate the HOA maintained lots. Developer shall install a pressure reducing station near the intersection of Street “K” and Street “QQ” including all necessary potable water distribution lines, valves, fire hydrants, and appurtenances necessary to serve the water demands required by this project to the satisfaction of the District Engineer. Developer shall construct a looped waterline system to serve the potable and fire flow needs of this project. All backbone potable water infrastructure that serves this project must be installed prior to issuance of any development permits for this subdivision. Developer shall construct a public sewer line from the easterly terminus of Street “RR” to the subdivision boundary to ensure that the La Golandrina pump station may be taken out of service. The horizontal alignment and vertical profile of the sewer stub shall be designed and constructed to the satisfaction of the District Engineer. PC RES0 NO. 5487 -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 Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 61. 62. 63. 64. 65. The tentative map shall expire twenty-four (24) months fi-om 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. 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. 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 fi-om date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5487 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 15th day of October 2003, by the Commissi following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Segall, and Whitton NOES: Commissioner Montgomery and White ABSENT: Commissioner Heineman ABSTAIN: None AD PLANNING COMMISSION ATTEST: MICHAEL J. HOLMILLEIV Planning Director PC RES0 NO. 5487 -17-