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HomeMy WebLinkAbout2004-09-01; Planning Commission; Resolution 57131 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. 5713 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE INTO THREE BUILDING ENVELOPE LOTS, ONE JOINT ACCESS AND PARKING LOT, ONE COMMONLY MAINTAINED DETENTION BASIN LOT, AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF COLLEGE BOULEVARD, SOUTHWEST OF CARLSBAD TRACT CT 04-06 TO SUBDIVIDE A 13.47 ACRE ASTON AVENUE, AND NORTH OF THE MC CELLAN- PALOMAR AIEWORT IN LOCAL FACILITIES MANAGE- MENT ZONE 5. CASE NAME: PALOMAR POINTE CASE NO.: CT 04-06 WHEREAS, T. Lawrence Jett, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by James L. Hieatt and Mildred E. Hieatt, Trustees of the Hieatt Family Living Trust, dated April 18, 1990 as to an undivided 75% interest and T. Lawrence Jett as to an undivided 25%, as Tenants in Common, “Owner,” described as: That portion of Lot F of the Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16,1896 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “N” dated September 1, 2004, on file in the Planning Department PALOMAR POINTE - CT 04-06, 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 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. 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PALOMAR POINTE - CT 04-06, based on the following findings and subject to the following conditions: FindinPs : 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed subdivision and associated development satisfies all minimum require- ments of Title 20 and has been designed to comply with other applicable regulations including the Non-Residential Planned Development Ordinance and the PM (Planned Industrial) Zone subdivision and development standards. 2. That the proposed project is compatible with the surrounding existing and future land uses since surrounding properties are designated for Planned Industrial and Government Facilities development on the General Plan, in that the property is consistent with the McClellan-Palomar Airport Comprehensive Land Use Plan and the open space requirements of the City’s draft Habitat Management Plan. Surrounding properties are designated for planned industrial development and have been developed as such. A new public street will be constructed concurrent with the development to serve both the site and the future municipal golf course. 3. That the site is physically suitable for the type of development since the site is adequate in size and shape to accommodate industrial development, in that the project complies with all development standards and public facilities requirements without the need for a variance from the development standards. 4. 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 concurrent with the recordation of the final map the developer will vacate and adjust any easements that conflict with the proposed development. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the location of the lots allows for adequate building separations to take advantage of solar exposure or prevailing breezes. PC RES0 NO. 5713 -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. 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 HMP “hardline areas’’ will be preserved as open space and all potentially significant impacts will be mitigated through the implementation of the Palomar Pointe Mitigation Monitoring and Reporting Program. 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 Pollutant 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 based on the facts set forth in the staff report dated September 1,2004 including, but not limited to the following: A. Land Use - The project is consistent with the City’s General Plan Planned Industrial (PI) and Open Space (OS) land use designations. B. Circulation - The project will be required to construct a new off-site public street from College Boulevard in order to provide access to the site. C. Noise - The project is required to mitigate noise impacts on interior office spaces to 50 dBA. D. Open Space and Conservation - The open space preserve areas comply with the “hardline areas’’ identified in the City’s draft Habitat Management Plan and these open space areas will be managed by an appropriate conservation entity with adequate funds for long-term biological management consistent with the HMP. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 5 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. the project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. PC RES0 NO. 5713 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. 15. c. the Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. the Local Facilities Management fee for Zone 5 will be collected prior to issuance of building permit. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 5. 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 project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant shall record a notice concerning aircraft noise, and shall record an avigation easement. The project is compatible with the projected noise levels of the CLIP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the indoor noise levels for any buildings proposed for office use must be attenuated to at least 50 dBA CNEL. 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 grading permit or final map, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development PC RES0 NO. 5713 -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 3. 4. 5. 6. 7. 8. 9. 10. 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. Developer shall submit to Planning Department a reproducible 24” x 36,” mylar copy of the Tentative Map and Site Plan reflecting the conditions approved by the final decision making body. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 5 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. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 04-08, ZC 04-03, LCPA 04-07, PUD 03-02, PIP 03-02, CDP 03-06, and HDP 03-02 and is subject to all conditions contained in Planning Commission Resolutions No. 5709, 5710, 5711, 5712, 5714,5715,5716, and 5717 for those other approvals incorporated herein by reference. PC RES0 NO. 5713 -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 11. 12. 13. 14. 15. 16. Approval is granted for CT 04-06 as shown on Exhibits “A” - “N” dated September 1, 2004, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. All grading activities are prohibited from February 1st to September 15th due to the presence of the coastal California gnatcatcher. Grading activities are therefore, allowed during a portion of the “rainy season”. All erosion control and revegetation measures must be fully implemented prior to the grading prohibition period. Any extensions must receive written approval of the City Engineer and the responsible wildlife agencies (California Department of Fish and Gamemnited States Fish and Wildlife Service). Developer shall dedicate on the final map, an open space easement over Lots 4 and 6 to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, stairways and landscaping, as shown on Exhibit “B.” Removal of native vegetation and development of Open Space Lots 4 and 6, including but not limited to fences, walls, decks, storage buildings, stairways and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibit “B,” is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and the California Coastal Commission, based upon a request from the Owners Association accompanied by a report from a qualified arboristhotanist indicating the need to remove specified trees andor plants because of disease or impending danger to adjacent buildings. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City’s adopted Habitat Management Plan. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the Planning Director in relation to the open space lot(s): a. Select a conservation entity, subject to approval by the City, that possesses the necessary qualifications to hold title to the open space lot(s) and manage it for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity. b. PC RES0 NO. 5713 -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 c. Based on the results of the PAR, provide a non-wasting endowment, or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, to the selected conservation entity in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. Concurrent with recordation of the final map, transfer fee title to the open space lot(s) to the selected conservation entity. 17. 18. 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 and/or resolution and this project becomes subject to a linkage fee pursuant to said ordinance and/or 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, 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. 19. Developer shall establish an owner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas and paved parking areas. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions : a. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perfom the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the PC RES0 NO. 5713 -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 19. 21. 22. same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 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 a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. PC RES0 NO. 5713 -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 23. 24. 25. 26. 27. 28. 29. 30. Prior to occupancy of the first building the Developer shall provide all required outdoor employee eating areas per the approved plans, including associated landscaping. A minimum of 568 square feet of indoor employee eating area shall be provided within Building “A” for the employees of the building. The employee eating area shall be constructed concurrently with the shell of the building and shall be available for use concurrent with the first certificate of occupancy for any tenant improvement. Prior to the issuance of the final map or grading permit, 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, Non-Residential Planned Development Permit, Planned Industrial Permit, Coastal Development Permit, and Hillside Development Permit by Resolutions No. 5713,5714,5715,5716, and 5717 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. Prior to 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 College Boulevard Transportation Corridor, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #I on file in the Planning Department). Prior to the recordation of the final 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). 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. Prior to issuance of a building permit, the developer shall comply with all conditions of approval contained in Resolution 03-025 approved by the Airport Land Use Commission, dated May 1,2003. Prior to recordation of the Final Map, a joint use parking agreement shall be submitted for review and approval by the Planning Director, City Engineer, and City Attorney. The agreement shall provide for the following: A. The sharing in perpetuity of all parking and access aisles/driveways onsite, and between all the uses proposed for the Palomar Pointe project. PC RES0 NO. 5713 -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. B. The agreement shall not be modified without the prior written approval of the Planning Director, City Engineer, and City Attorney. C. A copy of the joint use parking agreement shall be recorded in the Office of the County Recorder and copies filed with the Planning Director prior to issuance of building permits for 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 the open space preserve areas or adjacent property. Grading permits for this project may be issued prior to the California Coastal Commission approval of the LCPA. Building permits may not be issued until final approval of the LCPA by the California Coastal Commission. Engineering: General 36. 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. 37. 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. 38. 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, detention basins, 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. 39. There shall be one Final Map recorded for this project. PC RES0 NO. 5713 - 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 40. 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.B.3. The underlying property owner shall maintain this condition.” The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. FeedAgreements 41. 42. 43. 44. 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. A portion of the cost associated with the grading and improvement of Street “A” as shown on the tentative map may be reimbursable in accordance with the August 7, 2000 agreement between the Carlsbad Public Financing Authority and James L. Hieatt and Mildred E. Hieatt. Prior to commencement of any grading or improvements within Street “A,” Developer shall enter into a standard City reimbursement agreement. 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 the 85-2 (reassessment district 97-1) Assessment District, 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. Prior to approval of any grading permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 45. 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. 46. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope PC RES0 NO. 5713 -11- 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 easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. 47. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, grading permits for this project are required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of any building permits or commencement of any grading activities. Dedicationsfimprovements 48. 49. 50. 51. 52. 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 recorded document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Prior to issuance of any grading permits, Developer shall process necessary construction changes to existing approved City drawings (381-4C, 405-7, etc.) to ensure coordination of grading and facilities associated with this project or adjacent City projects. The City’s most current version of the golf course plans and the improvement plans for this subdivision shall be coordinated prior to commencement of any grading activities. 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 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. Improvements include, but are not limited to: paving, base, signing and striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and reclaimed water, all to City Standards to the satisfaction of the City Engineer. The improvements are: a) b) c) Grading and improvements required for the construction of Street “A” as shown on the Tentative Map. Water, sanitary sewer, and reclaimed water lines within Street “A” and within the project site as shown on the Tentative Map. The proposed storm drain facilities shown as public on the Tentative Map. PC RES0 NO. 5713 -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 53. 54. 55. 56. 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. Maintenance of the proposed detention basins shall be the responsibility of the project’s Association and shall be covered in the project CC&Rs. 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. Prior to issuance of any grading permits, developer shall secure an easement and permanent access roads to the northerly detention basin over the adjacent property. Said easement shall also be offered for dedication to the City of Carlsbad. The easements shall be for the benefit of the current owner as well as the future association responsible for maintenance of the basin. Street “A” shall be dedicated by Owner along the project frontage based on a centerline to right-of-way width of 60 feet and in conformance with the August 7,2000 agreement between the Carlsbad Public Financing Authority and James L. Hieatt and Mildred E. Hieatt. Developer shall ensure all necessary offsite right-of-way, over and upon adjacent properties, is obtained and granted to the City of Carlsbad, prior the construction of Street “A” and the associated public improvements as shown on the tentative map. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to 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. PC RES0 NO. 5713 -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 57. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. include all content as established by the California Regional Water Quality Control Board requirements; b. include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; c. recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 58. 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 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 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. 59. Prior to occupancy, Developer shall install street lights along Street “A,” between College Boulevard and the terminus of the public street in conformance with City of Carlsbad Standards. 60. Prior to grading permit issuance, Developer shall design, and obtain approval from the PC RES0 NO. 5713 -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 City Engineer, 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. 6 1. 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 andor radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 62. Developer shall show on Final Map the net developable acres for each parcel. 63. 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. 2. Those public improvements within Street “A” as shown on the tentative map. The onsite public water, reclaimed water, and sewer systems as shown on the tentative map and within utility easements as indicated on this map. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 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. D. Unless satisfied by the project CC&Rs, a covenant of easement for access and utility purposes shall be recorded over Lot 5 for the benefit of Lots 1-4 and 6. Special Conditions: 64. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. Water: PC RES0 NO. 5713 -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 65. 66. 67. 68. 69. 70. Fire: 71. - Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charnek) prior to issuance of Building Permits. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall 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. 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. The Developer shall submit a detailed recycled water study, prepared by a Registered Engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines 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. The Fire Department shall not permit the use of RPDA devices for fire protection water supply. Instead, the use of Double Detector Check Valves shall be required. Additionally, the installation of Post Indicator Valves is not necessary and should therefore be reconsidered. 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. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction PC RES0 NO. 5713 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 a16 17 18 19 20 21 22 23 24 25 26 27 28 74. 75. 76. 77. 78. of the City Engineer. Some improvements shown on the tentative parcel map andor required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feedexactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. ... PC RES0 NO. 5713 -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, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: 1- FRANK H. WHI'ITON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5713 -18-