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HomeMy WebLinkAbout2004-06-16; Planning Commission; Resolution 56471 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. 5647 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 02-07 TO SUBDIVIDE 18 ACRES INTO 14 SINGLE-FAMILY LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD BETWEEN AVIARA PARKWAY AND COBBLE- STONE DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: EMERALD POINTE ESTATES CASE NO.: CT 02-07 WHEREAS, BCS Natural Resources Corp., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by BCS Program L-2 LTD., “Owner,” described as: Parcel 1: All that portion of that parcel of land designated as “Description No. 5, 103.54 acres as shown and delineated on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19,1960. Excepting therefrom portions of Parcel 1 of Parcel Map No. 15662 as described in Official Records. Parcel 2: Lot 115 of Carlsbad Tract No. 84-32(A), Unit No. 1 (Cobblestone Sea Village), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 23428, filed in the Office of the County Recorder of San Diego County, June 3,1997. Parcel No. 3: Easement for roadway and utility purposes over those certain strips of land designated as “60 foot strip and 66 foot easement reserved for roadway and utility purposes,” as shown on said Record of Survey Map No. 5715. Excepting from said 60-foot strip, that portion which lies within Parcel No. 1 above. Parcel 4: A temporary easement for pedestrian and vehicular access, ingress and egress as contained in document recorded May 1,1996, as File No. 1996-0218757 of official records being a portion of Parcel 1 of Parcel Map 15661, that portion being a portion of the easement for roadway and utility purposes over those certain strips of land designated and as described in official records (“the Property”); and 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 WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “M” dated June 16,2004, on file in the Planning Department, CT 02-07 - EMERALD POINTE ESTATES, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the day of 16th day of June, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES EMERALD POINTE ESTATES - CT 02-07, based on the following findings and subject to the following conditions: Findings: 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable City regulations. 2. That the proposed project is compatible with the surrounding existing land uses since surrounding properties are developed with single-family and multi-family residential development in accordance with the General Plan. The proposed single-family units will be separated from the surrounding residential units by an HMP habitat corridor proposed to be designated as Open Space. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project complies with all City policies and standards without the need for a variance from development standards. PC RES0 NO. 5647 -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 4. 5. 6. 7. 8. 9. 10. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that prior to or concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with the proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented in an east-west alignment for southern exposure and/or to take advantage of shade or prevailing breezes. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is conditioned to comply with biological mitigation measures that will mitigate impacts to coastal sage scrub habitat and preserve biological resources on the site prior to final map approval. 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 is designed to drain through an onsite detention facility prior to connecting into the existing storm drain system. The project is conditioned to comply with the National Pollution Discharge Elimination System Standards to prevent any discharge violations. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan based on the facts set forth in the staff report dated June 16,2004 including, but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan since the proposed density of 1.2 du/ac is within the density range of 0 - 1.5 du/ac and exceeds the Growth Control Point (GCP) of 1 du/ac. The project is consistent with the Growth Management Ordinance and the General Plan provisions for allowing projects to exceed the GCP in that it is a single-family infill project where the base zone of the property allows a slightly higher yield of units than would be allowed by the GCP. The necessary findings to exceed the growth control point are that excess units are available in the southwest quadrant, the project is compatible with surrounding residential development in that a 10.1 acre habitat preserve surrounds and buffers the residential subdivision on three sides, the necessary infrastructure is in place to support the project and adequate public facilities are provided, and the proposed density does not exceed the maximum density allowed at the top of PC RES0 NO. 5647 -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. B. C. D. E. F. the RL density range. Furthermore, the project is consistent with Council Policy 43 for allocation of excess units in that the single-family infill project satisfies the criteria for the allocation of 2.5 units from the excess unit bank. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to purchase 2 credits in a combined inclusionary housing project. Public Safety - The project is designed with the required 60’ fire suppression zones between native habitat and development thereby reducing fire hazards to an acceptable risk level. Open Space & Conservation - The project will dedicate a conservation easement and rezone to open space 10.1 acres containing sensitive biological habitat. The open space will be preserved and maintained as an HMP habitat preserve area. The project implements water pollution prevention methods through the provision of a permanent detention basin through which all runoff will flow prior to entering the public storm drain system. Circulation - All public infrastructure will be constructed in accordance with City standards. The proposed partial street vacation of the existing Sapphire Drive right-of-way is necessary to realign the local street so that it provides access to lots within the subdivision. The realignment will not impact the adjacent property in that access would still be provided from the proposed Sapphire Drive alignment. The realigned right-of-way satisfies all City design standards for local cul-de-sac streets. Noise - Project will record an avigation easement due to location within the 60-65 dBA CNEL airport noise contour and project is conditioned to require future units to comply with 45 dBA interior noise standard. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 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 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. PC RES0 NO. 5647 -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 12. 13. 14. 15. 16. 17. 18. 19. Developer shall implement, or cause the implementation of, the Emerald Pointe Estates project Mitigation Monitoring and Reporting Program. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facility plans will not be adversely impacted, in that the project is conditioned to provide all necessary public facilities and infrastructure in accordance with City standards and existing public facilities and roadways serving the project are adequate to accommodate the development. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 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 existing public facilities in Zone 20 and the southwest quadrant are adequate to accommodate the demand created by this project. The project complies with Council Policy 66 - Livable Neighborhoods in that the cul-de-sac street, which is necessitated by environmental and topographical constraints, is designed with 36’ of width and connects and extends Sapphire Drive thereby ensuring adequate secondary access for residents and emergency vehicles. 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 an avigation easement. 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 residential projects are permitted within the 60 and 65 dBA noise contours contingent upon recordation of an avigation easement. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City’s Habitat Management Plan. PC RES0 NO. 5647 -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 20. 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: 1. 2. 3. 4. 5. Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or approval of final map, whichever occurs first. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 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. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. PC RES0 NO. 5647 -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 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. 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 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. Developer shall implement, or cause the implementation of, the Emerald Pointe Estates Project Mitigation Monitoring and Reporting Program. 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 (including any applicable Coastal Commission approvals). This approval is granted subject to the approval of GPA 03-05, LCPA 02-02, ZC 02-02, HDP 02-02, and CDP 02-07 and is subject to all conditions contained in Planning Commission Resolutions No. 5644,5645,5646,5648, and 5649. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase two credits in the Villa Loma Apartment project 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. 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. PC RES0 NO. 5647 -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 16. 17. Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement 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 and/or the Association’s Easements” as provided in Article the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. , Section d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs 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 PC RES0 NO. 5647 -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. 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 as set forth in Exhibit “I”. f. Recreational Vehicles: The storage of recreational vehicles in the required front yard setback shall be prohibited. g. Perimeter Fencine: Perimeter fencing that is adjacent to open space shall require approval of the USFWS prior to installation. h. Fire Department Conditions: All aspects of future structures that face or abut the fire suppression zones must be of 1-hour rating which may include, but is not limited to: a) b) c) There may be no combustible features including fencing or structures within one-hundred feet from undisturbed natural vegetation. boxed or enclosed eaves including rafter tails; no weeps vents or eave vents; and windows and doors, if vinyl must have internal metal frames. e Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and Wildlife Service (USFWS) regarding the impacts of the Project; and, 2) obtain any permits required by the USWFS. Perimeter fencing that is adjacent to open space shall require approval of the USFWS prior to installation. 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 PC RES0 NO. 5647 -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 22. 23. 24. 25. 26. 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. To offset the conversion of non-prime agricultural land to urban land uses per the requirements of the Mello I1 LCP Local Coastal Program, the applicant shall provide payment of an agricultural mitigation fee, the amount of which shall not be less that $5,000 nor more than $10,000 for each net converted acre of non-prime agricultural land. The amount of the fee shall be determined by the City Council prior to approval of the final map and shall be consistent with the provisions of Carlsbad’s LCP. The fee shall be paid prior to final map or issuance of a grading permit, whichever occurs first. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void. Prior to the issuance of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifllng all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Hillside Development Permit and Coastal Development Permit by Resolutions No. 5647,5648, and 5649 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. Prior to issuance of building permits, the Developer shall record an Avigation Easement for the property to the County of San Diego and file a copy of the recorded document with the Planning Director. PC RES0 NO. 5647 -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 27. 28. 29. 30. 31. 32. Developer shall post 24” x 36” 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). Developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall prohibit the storage of recreational vehicles in the required front yard setback. Developer shall dedicate on the final map, an open space easement for lots 15 and 16 which is (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “M.” Removal of native vegetation and development of Open Space Lot 15 including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits “A” - “M”, 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 arboristhotankt 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. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City’s adopted Habitat Management Plan. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s): a. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to hold title to the open space lot(s) and manage it for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. Based on the results of the PAR, provide a non-wasting endowment to the selected conservation entity in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. b. c. PC RES0 NO. 5647 -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 33. 34. 35. Concurrent with recordation of the final map, transfer fee title to the open space lot@) to the selected conservation entity. Developer shall obtain a maintenance easement to allow fire suppression within the offsite fire suppression zone. Approval of the project is contingent upon consideration of the Airport Land Use Commission's consistency determination prior to a final decision on the legislative actions by the City Council. En Pineering: General 36. 37. 38. 39. 40. 41. 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 open space lots as well as any private easements within the subdivision and all the private storm drain 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. Vacation of the existing right-of-way on Sapphire Drive shall be processed prior to or concurrently with the final map. The resolution of vacation shall be recorded with the County Recorder prior to or concurrently with the final 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). "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." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. FeedAgreements 42. PC RES0 NO. 5647 -12- Developer shall cause property owner to execute and submit to the City Engineer for 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 43. 44. recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 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. 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 45. 46. 47. 48, 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 occw 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 prior to the issuance of a building permit for the project. Prior to issuance of a grading permit, Developer shall obtain offsite easements necessary to perform required grading and install and maintain required fire suppression zones. Dedicationsfimprovements 49. Developer shall cause Owner to make an irrevocable offer of dedication 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 or by separate instrument recorded concurrently with the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. 50. 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. 5647 -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 51. 52. 53. 54. 55. 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, signage, striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, storm drains, sewer, water, recycled water, fire hydrants, and street lights to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) c) d) Sapphire Court, a proposed public street. Signing and striping at the intersection of Sapphire Drive and Cobblestone Drive. Storm drain improvements downstream of the project needed to mitigate any increase in runoff from the project. Replacement of any deficient street improvements along the subdivision boundary. 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. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting Cobblestone Rd. and Cobblestone Drive. 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. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifjmg prospective owners and tenants of the following: A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RES0 NO. 5647 -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 56. 57. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers . C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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. 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; PC RES0 NO. 5647 -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 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. 58. Developer shall incorporate into the gradinghmprovement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 59. 60. Developer shall show on Final Map the net developable acres for each parcel. Notes to the following effects shall be placed on the map as non-mapping data: A. B. C. D. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Sapphire Court and those public utilities within the proposed public street right-of-way. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. Geotechnical Caution: 1. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2. 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. 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. PC RES0 NO. 5647 -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 Water: 61. 62. 63. 64. 65. 66. 67. 68. - Fire: 69. 70. Prior to ap roval 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. 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 Countv Water Authority capacitv 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. The Developer shall install (potable water and/or 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. All aspects of future structures that are constructed within the fire suppression zone shall be required to be constructed to 1-hour fire exterior walls and features rated in conformance with the California Building Code. The developer shall contact the Carlsbad Fire Department for approval of materials and methods. Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot clearance from combustible vegetation is required. There shall be no combustible or wood fencing within 100 feet of native undisturbed vegetation (F.3-6). PC RES0 NO. 5647 -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 71. 72. 73. 74. No patio covers, decks or similar structures to homes shall occur within the first twenty (20) - feet of the aforementioned sixty (60) - foot fuel modification zone unless fire rated or heavy timber materials are utilized and approval of said materials shall be obtained prior to installation from the Building Department. All subsequent submittals of final engineering and building plans shall indicate that these lots are conditioned by adding the suffix “FR” to the lot designator and shall be noted by lot number on the title sheet of the working drawings. Fire sprinklers are required under the following conditions: In accordance with Chapter 9 of the California Fire Code, the centermost portion of the rear first floor of any residence, measured in an approved manner from the nearest public street exceeding one-hundred and fifty (150) - feet shall be protected with an approved automatic fire sprinkler system in conformance with NFPA Standard 13D. The maintenance of common areas and fuel modification shall be submitted to the Fire Department for review and approval. Code Reminders: 75. 76. 77. 78. 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. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: A. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use density designation for this development allows 0 - 1.5 dwelling units per non-constrained acre. The required findings for the proposed density of 1.2 dwelling units per acre have been made. Parcel 212-040-50 was used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcel 212-040-50 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. PC RES0 NO. 5647 -18- 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 79. 80. 81. 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. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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 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. ... ... ... ... ... PC RES0 NO. 5647 -19- 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 Commission of the City of Carlsbad, California, held on the 16th day of June 2004, by the following vote, to wit: AYES: Chairperson White, Commissioners Baker, Heineman, Montgomery and Segall NOES: None ABSENT: Commissioners Dominguez and Whitton ABSTATN: None MELISSA WHITE, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMLBR Planning Director PC RES0 NO. 5647 -20-