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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 56861 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. 5686 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE A 56.52 ACRE LOT INTO 16 LOTS AND 354 AIRSPACE TIMESHARE UNITS TO ALLOW THE DEVELOPMENT OF A HOTEL/TIMESHARE RESORT WITH 350 HOTEL ROOMS AND 350 TIMESHARE UNITS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST OF FARADAY AVENUE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 13. APPROVAL OF CARLSBAD TRACT NUMBER CT 03-02 TO CASENAME: CARLSBAD RANCH PLANNING AREA 5- RESORT SITE CASE NO.: CT 03-02 WHEREAS, Grand Pacific Resorts, Inc. “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Estate Holding, Inc., “Owner,” described as Boundary Parcel “A” of C.O.C. recorded March 9, 1998 as Doc. #1998-125301 per City of Carlsbad Boundary Adjustment Plat No. 498 and Lot 20 of Carlsbad Tract 94-09, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13408, filed in the Office of the County Recorder of San Diego County on April 1,1997 (“the property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A 1” - “A-44,” “C 1” - “C 33,” “L-1” - “L-23,” and “H 1” - “H 9” - dated August 18, 2004, on file in the Carlsbad Planning Department, CARLSBAD RANCH PLANNING AREA 5-RESORT SITE - CT 03-02, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 1st day of September 2004, hold a duly noticed public hearing as prescribed by law to consider said request; 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, 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) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CARLSBAD RANCH PLANNING AREA 5-RESORT SITE - CT 03-02, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 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 design and improvements for the subdivision are in compliance with requirements of CMC Titles 20 and 21 and with the Carlsbad Ranch Specific Plan, and all necessary public facilities and services needed to serve the proposed project are or will be in place prior to occupancy of any building proposed for the project site. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Travel-Recreation Commercial, and Open Space on the General Plan, and that the proposed resort development will be compatible with and will integrate into the existing community. 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 nonresidential development at the intensity proposed, in that all public facilities and service requirements have been planned for the maximum buildout allowed under the Carlsbad Ranch Specific Plan, which this project does not exceed, and all applicable code requirements have been met relative to the site design. 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 all existing easements of record within the project are consistent with the proposal or shall be relocated as necessary concurrent with recordation of the final map. PC RES0 NO. 5686 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 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 adequate separations will be provided to allow for breezes to cool the area and landscaping will be installed to provide shade and reduce the temperature of developed areas. The proposed buildings are oriented in different directions to take advantage of the ridge-top location of the site. 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 project site has been used for agricultural purposes and the native vegetation located at the north-east corner of the site will not be impacted by the proposed project. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and the Carlsbad Ranch Specific Plan based on the facts set forth in the staff report dated August 18, 2004 including but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan and with the Carlsbad Ranch Specific Plan since the subject site has a T-R land use designation and is designated to be developed as a full service destination resort, according to the Specific Plan. B. Circulation - The project is served by existing fully improved public streets Cannon Road and Hidden Valley Road, which operate at acceptable levels of service. On-site circulation consists of private streets, which provide access to hotels, timeshare units and other amenities. The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Carlsbad Ranch Specific Plan. C. Noise - The project is conditioned to comply with the 45 dBA CNEL interior noise standard. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 13 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 PC RES0 NO. 5686 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. project will be installed to serve new development prior to or concurrent with need. Specifically, a. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permits. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. The Planning Commission of the City of Carlsbad does hereby find: a. it has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and said comments thereon, and Mitigation, Monitoring and Reporting Program (the Program), on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project; and b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and d. based on the EIA Part I1 and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 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. 5686 -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 15. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of final map, issuance of grading permit, or issuance of a building permit, whichever occurs first. 1. 2. 3. 4. 5. 6. 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; record a notice of violation on the property title; 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. The 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. PC RES0 NO. 5686 -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 7. 8. 9. 10. 11. 12. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 13 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 Project Mitigation Monitoring and Reporting Program. This approval is granted subject to the approval of the Mitigated Negative Declaration and Addendum and Mitigation Monitoring and Reporting Program and SP 207(E), LCPA 90-08(D), SDP 03-02, CDP 03-04, PUD 03-01, CUP 03-01 and HDP 03-01 and is subject to all conditions contained in Planning Commission Resolutions No. 5685, 5693, 5692, 5687, 5688, 5689, 5690 and 5691 for those other approvals incorporated herein by reference. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural lands, 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 the 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, ths project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 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 further 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 andor resolution and this project becomes subject to a linkage fee pursuant to said ordinance andor resolution, then the Developer, or hishedtheir 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, PC RES0 NO. 5686 -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 13. 14. 15. 16. 17. 18. 19. 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. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free 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 provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, shall be free from advertising and shall include at a minimum a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. The design of the required bus shelter shall be compatible with the project architecture. Plans for the bus shelter design shall be submitted to the Planning Director and the North County Transit District for review and approval prior to the issuance of a building permit for the project. The bus shelter shall be constructed prior to occupancy of the first phase of the project. 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 andor 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. The project is approved to be constructed in a maximum of ten (10) phases, as shown on exhibit “A-44”. Each phasing plan shall be submitted to the Planning Director, City Engineer, Fire Marshal and Principal Building Inspector for review and approval prior to the issuance of a grading or building permit. Each phase shall include proposed buildings, parking, landscaping, hardscape and any improvements required to serve the uses, located within that phase. Building permits for the first phase must be issued within 24 months of the date on which the project received PC RES0 NO. 5686 -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 20. 21. 22. 23. 24. 25. 26. final City Council approval or this approval shall expire. Building permits for all the future phases must be issued within 8 years of the date on which the project receives final City Council approval or the future phase approval will expire. The number of buildong permits issued for timeshare units shall never exceed the number of building permits issued for hotel rooms unless otherwise approved by the Planning Director. Occupancy permit for timeshares proposed in Phase 1 will not be issued until such time that Hotel 1 is fully operational. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four months. A note indicating this requirement shall be placed on the final map for the project. Pursuant to Section 21.42.010(10)(iii) of the CMC, timeshare units in this project shall be converted to a hotel use if it cannot be successfully marketed as a timeshare project. The management and maintenance plan submitted by the Developer titled “Management And Maintenance Plan-Planning Area 5 Resort Site” attached to this resolution is approved and made a part of the permit for the project. Landscape plans prepared for this project shall show landscaping as required by Section E.3-1.2-2 of the Landscape Manual for the areas of the project not constructed as part of the initial phase of construction due to the high visibility of this area to the public. The Developer shall submit a solid waste management plan for review and approval by the City of Carlsbad. This plan shall provide the following: a. The approximate location, type and number of containers to be used to collect refuse and recyclables. b. Refuse and recyclable collection methods to be used. c. A description and site plan for any planned on-site processing facilities or equipment (balers, compactors). d. A description of the types of recycling services to be provided and contractual relationships with vendors to provide these services. e. The estimated quantity of waste generated and estimated quantities of recyclable materials. This plan shall also evaluate the feasibility of the following diversion programs/measures: a. b. Cardboard recycling. c. Source separated green waste collection. Programs which provide for the separation of wet (disposable) and dry (recoverable) materials. PC RES0 NO. 5686 -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 27. 28. 29. 30. d. e. Glass recycling in restaurants. Where feasible, providing compactors for non-recyclables to reduce the number of trips to disposal facilities. The applicant shall retain a qualified hazardous materials specialist to be present on-site during grading operations to observe any possible contamination such as the presence of underground facilities, buried debris, stained soils, waste drums, and tanks or odorous soils. Should such materials be encountered, further investigation and analysis shall be required to identify the significance of the potentially contaminated area. Soil remediation measures shall be implemented based on the recommendations of the hazardous materials specialist. a. b. C. Randomly selected surface samples shall be collected after each phase of grading and chemically tested for pesticides to verify that toxaphene and DDT plus its derivatives are below the established TTLC and STLC action levels. During site development, soils contaminated with petroleum hydrocarbons shall be mitigated. Mitigation techniques shall include: 0 0 0 Place the affected soil beneath a proposed road/parking area as a base material; Recycle the affected soil; or Bio remediate the affected soil on site. The applicant shall prepare a report documenting results of any future testing. This report shall indicate the measures taken to mitigate contamination, as appropriate. The report shall be submitted to the City of Carlsbad Engineering Department. All recommendations contained in the report shall be complied with by the applicant. Developer shall dedicate on the final map, an open space easement for that portion of the lot which is identified on project plans as a culturally significant site to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping. The developer shall enter into an agreement with the City of Carlsbad that if in the future a comprehensive open space management program is set up, the developer will pay its fair share for the management of Planning Area 9 of the Carlsbad Ranch Specific Plan. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 each year. All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge PC RES0 NO. 5686 -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 31. 32. 33. 34. 35. 36. 37. of sediments offsite during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original Coastal Development Permit or as a formal amendment to an existing Coastal Development Permit. 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 13, 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. Prior to final map approval, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Site Development Plan, Coastal Development Permit, Planned Unit Development, Conditional Use Permit and Hillside Development Permit by Resolutions No. 5686, 5687, 5688, 5689, 5690 and 5691 on the real property owned by the Developer. 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 condition 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 showing of good cause by the Developer or successor in interest. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Timeshares/Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, hture and existing schools, parks and streets. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department) . Prior to 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. 5686 -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 38. Any signs proposed for this development shall at a minimum be designed in conformance with the Carlsbad Ranch Specific Plan and shall require review and approval of the Planning Director prior to installation of such signs. Any damage incurred to existing public trails located on-site shall be repaired to previous pre-construction condition. The applicant shall be responsible for the maintenance of the existing trail located along the southern property line. 39. Engineering: General 40. 41. 42. 43. 44. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, parkways and street trees, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). Type I "NO structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." TyPe I1 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." PC RES0 NO. 5686 -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 The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 45. Developer shall cause property owner to apply for and obtain reapportionment of the assessments imposed on the subject project in accordance with law governing the associated Carlsbad Ranch Assessment District (AD 95-01), or the assessments must be paid in full. Developer shall pay all associated costs of said reapportionment. The application shall be submitted to the City Engineer with the application for the final map. Fees/Agreemen t s 46. 47. 48. 49. 50. 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. 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 cause property owner to execute and submit to the City Engineer for 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. 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 owner; 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. Grading 51. 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. PC RES0 NO. 5686 -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 52. 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. Dedications/Improvements 53. 54. 55. 56. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 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 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 & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Onsite improvements including but not limited to sewer, water, recycled water, storm drain, water quality treatment facilities, and streets and as shown on the Tentative Map. b) Developer shall design and install a fully-actuated traffic signal, including all appurtenances, interconnects and Video Detection at the intersection of Cannon Road and the entrance to this project to the satisfaction of the City Engineer. The traffic signal shall not be installed until such time that written approval is received from the City Engineer. 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. 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: PC RES0 NO. 5686 -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 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. 57. Prior to the issuance of grading permit or building permit, whichever OCCLU-s 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 CaIifornia Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; 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. d. e. f. 58. Developer shall incorporate into the gradinglimprovement 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. PC RES0 NO. 5686 -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 Final Map Notes 59. Note(s) to the following effect(s) shall be placed on the map as non-mapping data A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. Geotechnical Caution: 1. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Special Condition: 60. 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. Bridge and Thoroughfare District No. 3 (B&TD#3) fees shall be paid in accordance with the fee payment provisions contained within the B&TD#3 fee study report. Water 61. 62. 63. 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 and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno County Water Authority capacity charne(s1 prior to issuance of Building Permits. PC RES0 NO. 5686 -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 64. 65. 66. 67. 68. 69. 70. 71. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall accompany the landscape, improvement and grading plans for reference. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped system and easements. The Developer shall submit a detailed 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 Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 72. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 73. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planning 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. PC RES0 NO. 5686 -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 74. 75. 76. 77. 78. The 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. The 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 tions .” 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 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... ,.. ... PC RES0 NO. 5686 -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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of September 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: Commissioner Cardosa ABSTAIN: zza----- fiRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5686 -18-