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HomeMy WebLinkAbout2004-08-18; Planning Commission; Resolution 57021 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. 5702 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE APPROXIMATELY 15 ACRES INTO 10 LOTS FOR 197 COMMERCIAL DWELLING UNITS; AND TO SUBDIVIDE ANOTHER 31 LOTS FOR THE BALANCE OF THE RESORT PROPERTY FOR EXISTING USES, OPEN SPACE, PARKING, AND PRIVATE STREETS ON PROPERTY GENERALLY LOCATED WITHIN THE LA COSTA RESORT PROPERTY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA RESORT AND SPA MASTER PLAN APPROVAL OF CARLSBAD TRACT CT 03-01 TO CASE NO.: CT 03-01 WHEREAS, KSL, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as: See attached (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “CT 03-01/R - RR” dated August 4, 2004, on file in the Planning Department LA COSTA RESORT AND SPA MASTER PLAN - CT 03-01, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of August 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 RECOMMENDS APPROVAL OF LA COSTA RESORT AND SPA MASTER PLAN - CT 03-01, based on the following findings and subject to the following conditions: 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 Findinm: 1. 2. 3. 4. 5. 6. 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 proposed subdivision is necessary for the development of commercial dwelling units and complies with all applicable regulations. The provision of commercial dwelling units further implements the partially existing, and proposed General Plan designation of Travel-Recreation (TR) for the master plan areas located outside of existing tennis court and golf course areas, which have a General Plan designation of Open Space (OS). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family development on the General Plan, in that the existing single-family neighborhood has been located adjacent to the La Costa Resort for several years so no new future land uses are anticipated. The project and related master plan’s obligation to the community to maintain compatibility will be an on-going source of monitoring and review. Given development standards that are not actualized now onsite by the Resort for existing residential designations, the presence of the adjacent neighborhood does not preclude the ability to propose development or modernization of the Resort, given proper City review and approval. 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 commercial dwelling unit development, in that all structures, setbacks and landscaping can be provided; in addition to the provision of parking based on shared use concepts and also the proposal to provide up to 200 surplus parking spaces beyond the minimum required as the project phases through its development. 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 there are no conflicts or issues with the property’s title or ability to secure the land use entitlements requested. 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 and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the areas proposed for improvements and Resort development per the proposed master plan are already developed with existing resort units, landscaping and/or parking areas. There are no areas proposed for development that represent raw land with sensitive plant or animal species; there are no listed species onsite and the plans do not affect any established habitat planning efforts PC RES0 NO. 5702 -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 7. 8. 9. 10. 11. 12. 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 and master plan is conditioned to comply with all State and regional requirements, in addition to successful implementation of the corresponding Storm Water Pollution Prevention Plan (SWPPP). The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated August 4, 2004 including, but not limited to the following in that Land Use Element policies C.10 and C.13 pertain to the subject project. Policy C.10 encourages tourist-destination developments where appropriate provided there is protection for adjacent residential areas, which this project provides in the form of the mitigation measures addressing parking and special event operations. Policy C.13 requires non-residential projects to be monitored for parking adequacy, which is part of the standard master plan process. In addition, this project’s mitigation measures restrict the ability to issue building permits for the last phase of commercial dwelling units unless a determination of parking adequacy can be made by the Planning Director. The proposed master plan provides for the buildout of the La Costa Resort complex with commercial dwelling units while strengthening the special event procedures and requirements to better protect the local community. The proposed master plan is consistent with the General Plan by implementing appropriate designation without any conflicts or inconsistencies with zoning regulations or site-specific conditions. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide fimding 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. 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 6. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the project is conditioned to be consistent with the Zone 6 LFMP and Citywide Growth Management Program, which will secure the services necessary for the project. PC RES0 NO. 5702 -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 13. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 14. Conditions: Note: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to the recordation of a final map or issuance of a building or grading permit, 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 03-08/ZC 03-04/MP 03- 02/MP 149S/PUD 03-O6/SUP 03-06 and SUP 03-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5697,5698,5699,5700,5701,5703, 5704, and 5705 for those other approvals incorporated herein by reference. 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 PC RES0 NO. 5702 -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 7. 8. 9. 10. 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 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 Planning Director a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad UnifiedEncinitas and San Dieguito School Districts that this project has satisfied its obligation to provide school facilities. 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. Housing (Non-Residential) 11. Developer is aware that the City is preparing a non-residential housing impact fee (linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is hrther aware that the City may determine that certain non-residential projects may have to pay a linkage fee, in order to be found consistent with the Housing Element of the General Plan. If a linkage fee is established by City Council ordinance and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or resolution, then the Developer, or his/her/their successor(s) in interest shall pay the linkage fee. The linkage fee shall be paid at the time of issuance of building permits, except for projects involving a request for a non-residential planned development for an existing development, in which case, the fee shall be paid on approval of the final map, parcel map or certificate of compliance, required to process the non-residential PUD, whichever pertains. If linkage fees are required for this project, and they are not paid, this project will not be consistent with the General Plan and approval for this project will become null and void. PC RES0 NO. 5702 -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 Landscape 12. 13. 14. 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 submit and obtain Planning Director approval of a Tree Preservation Plan showing existing onsite trees to be preserved, prior to the issuance of a grading permit. Existing onsite trees shall be retained wherever possible and shall be trimmed as needed. The Planning Director may approve the removal of trees, including but not limited to dead, decaying or potentially dangerous trees during the review of the Tree Preservation Plan. All trees which are approved for removal shall be replaced on a tree-for-tree basis, and all mature trees shall be replaced with minimum 36” box specimens. Miscellaneous 15. 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 6, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 17. Prior to the issuance of the first 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, notifymg all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Map by Resolution No. 5702 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. 18. 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. 5702 -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 19. 20. 21. 22. 23. 24. 25. or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. 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 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 construct trash receptacle and recycling areas enclosed by a six-foot high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan. Developer shall submit and obtain Planning Director approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. Prior to the issuance of any permits for the project, the applicant shall submit to the Planning Director a digital copy and a camera ready master copy of the La Costa Resort and Spa Master Plan (MP 03-02), in addition to the required number of bound copies. “Prior to issuance of any building permit for commercial dwelling unithesort villa construction, an on-site inspection of the master plan property by city staff shall be conducted to ensure all elements of the site are compliant with applicable regulations. At minimum, the city staff team will consist of Planning Department, Engineering Department and Stormwater Division representatives. Areas of inspection shall include: the adequate relocation of the Acura trailers currently using parking spaces in the large parking lot south of Costa del Mar; and, adequate cleanup and site control of the area adjacent to San Marcos Creek and the property located south of the creek.” Enpineerinp: PC RES0 NO. 5702 -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 General 26. 27. 28. 29. 30. 31. Prior .J hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and 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. This project is approved for up to 4 (four) Final Maps for the purposes of recordation in the order of phasing shown on the tentative map. If Developer desires to record a Final Map out of the phase approved on the tentative map, the new phasing may be approved or conditionally approved by the City Engineer and Planning Director if it is found to be consistent with the tentative map and all improvements and infrastructure (parking, water, sewer, recycled water, streets, utilities, etc.) necessary to support the proposed map phasing is identified on the substantial conformance exhibit, and designed and secured prior approval of the final map. Developer shall install sight distance corridors 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. 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 32. 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. 33. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. PC RES0 NO. 5702 -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 34. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B, State that the drainage course is to be maintained in perpetuity by the underlying property owners; and C. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 35. 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 36. 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. 37. Based upon a review of the proposed grading and the grading quantities shown on the tentative map a grading permit for this project is required. Developer shall apply for and obtain a grading permit fiom the City Engineer prior to start of any earthwork activities. 38. Prior to any grading or issuance of any building permits within limits of inundation by the 100-year flood line as shown on the tentative map, a comprehensive analysis, to assess the impacts of the proposed grading within the fringe areas of a Special Flood Plain Hazard Area (SFHA) and to determine the post development 100-year flood inundation level for San Marcos Creek in these areas, shall be prepared to the satisfaction of the City Engineer. If the analysis shows detectable changes to the limits of inundation as shown on the Federal Emergency Management Agency's (F'EMA) Flood Insurance Rate Maps (FIRM), developer shall process a Conditional Letter of Map Revision with FEMA prior to start of any work within these areas. Development in the SFHA shall be limited such that there is no increase in the water surface elevations on adjacent properties. Dedicationsflmprovemen ts PC RES0 NO. 5702 -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 39. 40. 41. 42. 43. 44. 45. 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 certificate on the final map. 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. Additional easement width shall be granted over all existing storm drain facilities where the current easement width is less than the City’s current standard width. 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. Developer shall upgrade the existing recycled water system connection as required by City and District staff. The existing meter shall be relocated to within public right-of-way, and the connection and service system shall be upgraded to meet current standards. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, base, signing, sidewalks and striping, curbs, medians, grading, undergrounding or relocation of utilities, sewer, water, fire hydrants, streetlights, retaining walls, and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) c) The public storm drain system shown on the tentative map. The proposed water mains and appurtenances as shown on the Tentative Map. The public street improvements 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. Except for the approved driveway locations shown on the tentative map, Developer shall cause Owner to waive direct access rights on the final map for all lots abutting El Camino Real and La Costa Avenue. Vacation of those portions of right-of-way on Palmer Court and Estrella De Mar Road, as shown on the tentative map, shall be processed prior to or concurrently with the final map. The resolution of vacation shall be recorded with the County PC RES0 NO. 5702 -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 A 6. 47. 48. 49. Recorder prior to or concurrently with the first final map. Developer shall continue to work with City and District staff ,J upgrade the existing on-site recycled water system and to convert potable water uses to recycled water wherever possible. Prior to issuance of building permits, Developer shall underground all existing overhead utilities along and within the subdivision boundary in accordance with the City of Carlsbad’s Municipal Code. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (”DES) permit. Develop.er 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 notifying 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. 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. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; PC RES0 NO. 5702 -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 50. 51. 52. 53. 54. c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 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. d. e. f. 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 and employee 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 identi@ 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. Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. Developer shall install sidewalks along all public streets abutting the subdivision boundary in conformance with City of Carlsbad Standards. Developer shall install wheelchair ramps at the public street corners abutting the subdivision boundary in conformance with City of Carlsbad Standards. Prior to issuance of a grading permit, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. PC RES0 NO. 5702 -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 55. 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 riprap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 56. Developer shall show on Final Map the net developable acres for each parcel. 57. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. Those portions of the onsite storm drain system shown on the tentative map as “public”. 2. The water facilities owned by Carlsbad Municipal Water District. 3. The sanitary sewer facilities identified by Leucadia County Wastewater District as District facilities. 4. Existing public facilities and utilities within the project boundaries. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. D. 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. E. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Special Conditions 58. 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. PC RES0 NO. 5702 -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 Water 59 60 62. a. 64. 65. 66. 67. 68. 69. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access andor joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall 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/Site Plan) to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall meet with and obtain approval from the Leucadia Wastewater District sewer infrastructure available or required to serve this project. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement PC RES0 NO. 5702 -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 70. plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 71. 72 73. 74 75. 76. 77. The tentative map shall expire twenty-four (24) months fiom the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 “ feedexac t ions. ” PC RES0 NO. 5702 -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 You have 90 days from date of approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of August 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, and Segall NOES: ABSENT: Commissioner Montgomery ABSTAIN: *, Zd g&-- hlL4NK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOzZMkf.,ER Planning Director PC RES0 NO. 5702 -16- PARCEL 1 A PARCEL OF LAND BEING A PORTION OF SECTION 26 AND SECTION 35, BOTH IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPTING THEREFROM THAT PORTION OF EL CAMINO OF RECORD; ALSO EXCEPTING THEREFROM THE LEUCADIA COUNTY WATER DISTRICT SEWAGE TREATMENT PLANT SITE AS DESCRIBED IN DEED RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OF OFFICIAL RECORDS; REAL PER ROAD SURVEY NO. 682 AND ROAD SURVEY NO. 1800-1 AND VARIOUS DEEDS ALSO EXCEPTING THEREFROM THOSE PORTIONS LYING WITHIN LA COSTA VALLEY UNIT NO. 1, PER MAP NO. 5434, LA COSTA VALLEY UNIT NO. 2, PER MAP NO. 5486, LA COSTA CONDOMINIUM UNIT NO. 3, PER MAP NO. 6129 AND LA COSTA CONDOMINIUM UNIT NO. 4, PER MAP NO. 6520, ALL FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A, AS DESCRIBED AS A PARCEL OF LAND BEING A PORTION OF LOT 14 IN SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND LOT 3 OF LA COSTA CONDOMINIUM NO. 4, AS SHOWN ON MAP NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORD RECORDER OF SAN DIEGO COUNTY, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ALSO EXCEPTING THE LA COSTA SHOPPING CENTER, BEING THOSE PORTIONS OF LOTS 9, 14 AND 15 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICAL PLAT THEREOF; TOGETHER WITH THOSE PORTIONS OF LOTS 45 AND 46 OF LA COSTA VALLEY UNIT NO. 1, ACCORDING TO MAP NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AND THOSE PORTIONS OF SECTIONS 25, 26, 35 AND 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, EXCEPTING ANY PORTION LYING WITHIN LA COSTA CONDOMINIUM UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 6129, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND LA COSTA CONDOMINIUM UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 6520, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUTNY; ALSO EXCEPTING THEREFROM, A PORTION OF THE SOUTHEAST QUARTER OF SAID SECTION 26; ALSO EXCEPTION THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; TOGETHER WITH, A PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFONIA, ACCORDING TO THE OFFICIAL PLAT THEREOF; ALSO TOGETHER WITH A PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF OFFICIAL RECORDS. SAN DIEGO OF SAN DIEGO COUNTY AUGUST 16, 1984 AS DOCUMENT NO. 84-313333 PARCEL 3A LOTS 121 THROUGH 129 INCLUSIVE OF LA COSTA VALLEY UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 29,1964. PARCEL 3B: LOT 225 AND 226 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16,1966. PARCEL 3C: LOTS 145,146 AND 147 OF LA COSTA VALLEY UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5734, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 18, 1966. EXCEPTING THAT PORTION OF SAID LOT 147, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 101 OF MAP NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING AN ANGLE POINT IN THE SOUTHWESTERLY BOUNDARY OF SAID LOT 147; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY, NORTH 57"24'00" WEST, 128.03 TO AN ANGLE POINT; THENCE SOUTH 64"OO'OO" EAST, 95.16 FEET; THENCE SOUTH 39"19'00" EAST, 35.24 FEET TO THE POINT OF BEGINNING. PARCEL 3D: LOTS 138,139 AND 140 OF LA COSTA VALLEY UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 28,1964. PARCEL 4: A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER, THROUGH AND ACROSS A PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL 5: PARCEL A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN "CERTIFICATE OF COMPLIANCE" RECORDS. RECORDED NOVEMBER 25, 1981 AS INSTRUMENT NO. 81- 374108 OF OFFICIAL PARCEL 6; A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER COSTA DEL MAR ROAD AS DEDICATED AND REJECTED ON LA COSTA CONDOMINIUMS NO. 3 AND 4 ACCORDING TO MAPS 6129 AND 6520 RESPECTIVELY; EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL 9 HEREIN DESCRIBED. PARCEL 7A: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 15 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARILY DESRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11,1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89O25'44" WEST, 75.08 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE SOUTH 00°34'16" WEST, 53.69 FEET TO THE POINT OF BEGINNING. PARCEL 8: AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFlCAlL PLAT THEREOF. PARCEL 9: ALL THAT PORTION OF COSTA DEL MAR ROAD, AS SHOWN AND DELINEATED ON MAP OF LA COSTA CONDOMINIUM NO. 4 ACCORDING TO MAP THEREOF NO. 6520, IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING WESTERLY OF A RADIAL LINE FROM THE NORTHEASTERLY CORNER OF LOT 3 OF SAID MAP NO. 6520, HAVING A BEARING OF NORTH 38O33'43" WEST, PER THAT CERTIFICATE OF COMPLIANCE RECORDED NOVEMEBER 25,1981 AS INSTRUMENT NO. 81-374108 OF OFFICIAL RECORDS.