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HomeMy WebLinkAbout2005-01-05; Planning Commission; Resolution 58061 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. 5806 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP CT 04-11 TO DEVELOP A MIXED-USE PROJECT CONSISTING OF THE SUBDIVISION AND DEVELOPMENT OF 18,337 SQUARE FEET OF COMMERCIALRETAIL USES, A 3,296 SQUARE FOOT 15 LOFT CONDOMINIUM UNITS, AND 12 AFFORDABLE APARTMENTS ON 5.29 ACRES GENERALLY LOCATED WEST SEGMENT OF EMBARCADERO LANE WITHIN THE MELLO I1 SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 22. CASE NAME: POINSETTIA COMMONS CASE NO.: CT 04-1 1 DAY CARE CENTER, 5 1 LIVE-WORK CONDOMINIUM UNITS, SOUTH OF AVENIDA ENCINAS AND NORTH OF THE EAST- WHEREAS, Teak Investors LLC, a Delaware Limited Liability Corporation, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 5 of Carlsbad Tract No. 97-10, Poinsettia Properties, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13785, filed in the Office of the County Recorder of San Diego County on May 21,1999 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “FFF” dated January 5, 2005, on file in the Planning Department POINSETTIA COMMONS - CT 04-11, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 5th day of January 2005, 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 based on the following findings and subject to the following conditions: RECOMMENDS APPROVAL of POINSETTIA COMMONS - CT 04-11, Findinw : 1. 2. 3. 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 project is consistent with the TraveVRecreation Commercial and Residential High- Density (T-R/RH) land use designations and the Commercial Tourist (C-T) zoning, and is in compliance with all City policies and standards, including the requirements of the Poinsettia Properties Specific Plan (SP 210). The City Council approved SP 210 and made the findings that the plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The development proposal, in accordance with SP 210, provides for the following: (1) the provision of the necessary circulation element roadways and improvements to serve the development (Avenida Encinas and Embarcadero Lane); (2) mixed-use development within Planning Area 6 consisting of commercialhetail, day care center, loft units, live-work units, and affordable housing units; (3), the construction of a mixed-use pedestrian link corridor to the Poinsettia Coaster Station; (4) the provisions for affordable housing; (5) compliance with the Local Facilities Management Plan for Zone 22 for public facilities and services, including utility infrastructure (sewer, water, drainage) and open space; (6) implementation of the mitigation monitoring and reporting program for the SP 210 Program EIR; and, (7) payment of agricultural mitigation fees. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Planned IndustriaYOffice (PI/O), Residential Medium Density/Office and Related Commercial (RM/O), Residential Medium- High Density (RMH) and Residential High Density (RH) on the General Plan, in that the mixed-use transit-oriented development is consistent with the T-R/RH land uses being called for by SP 210 which implement the City’s General Plan. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed mixed-use development while providing all required setbacks and other amenities required by SP 210 and other applicable City regulations. PC RES0 NO. 5806 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9. 10. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and structured so that there are no conflicts with existing easements and new public utility and access easements will be dedicated on Embarcadero Lane. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented with adequate building separations and the design of the units will allow for adequate air circulation and the opportunity for passive heating and cooling. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. The Planning Director has determined that a. the project is a subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [ 15 168( c)(2); and b. this project is consistent with the Poinsettia Properties Specific Plan cited above; c. EIR 96-01 was certified in connection with the prior project or plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project is subject to all mitigation measures required by the Mitigation Monitoring and Reporting Program certified with Final Program EIR 96-01, as contained in Planning Commission Resolution No. 4157. That all feasible mitigation measures identified in Program EIR 96-01 which are appropriate have been incorporated into this project in that: a. the project has been designed to encourage pedestrian activity; PC RES0 NO. 5806 -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. b. the project is conditioned to pay the required Agricultural Conversion Fees; c. the project is conditioned to protect paleontological resources; d. noise walls, mechanical ventilation and building construction will mitigate noise impacts in accordance with EIR 96-01; e. remediation measures are required for soils which may contain agricultural chemical residues; and f. standard City grading procedures will be implemented to ensure erosion control and reduce sedimentation. 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 drainage requirements of SP 210, City ordinances and standards, the Mello I1 Segment of the Local Coastal Program, and Best Management Practices for water quality have been considered and appropriate drainage facilities have been designed as shown on the project’s exhibits. The project is conditioned to comply with all applicable National Pollution Discharge Elimination System (NPDES) requirements. The City Council/ Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and SP 210 based on the facts set forth in the staff report dated January 5, 2005 in that the City Council approved SP 210 and made the findings that the plan implements the General Plan and is consistent with the goals, objectives, and policies of the General Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 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. That park credits for SP 210 have already been met through an agreement with the Occidental Land Company, John D. Lusk & Son, and the City on June 17, 1982 whereby the previous property owner agreed to construct Poinsettia Bridge, dedicated park land, and received park land credits for 725 units for all parcels within Specific Plan 210, including the subject parcel. Approval of CT 04-11 will deduct 78 credits from the present balance of 185 credits leaving a remaining balance of 107 available credits. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. PC RES0 NO. 5806 -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 13. 14. 15. 16. 17. 18. 19. d. All necessary public improvements, including street frontage improvements for Avenida Encinas and improvements on Embarcadero Lane are required as conditions of approval. 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 2 1.90 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 22. That the project qualifies for an allocation of Excess Dwelling Units, pursuant to City Council Policy 43 in that: a. the project is a transit-oriented, “smart growth” development project where increased residential density is being placed in close proximity to major transit facilities, employment opportunities, and commercial support systems, and b. the project will provide housing for lower-income households to implement the City mandated 15% low-income requirement of the Inclusionary Housing Ordinance. That SP 210 allows for a transfer of dwelling units between planning areas and as each residential planning area has been developed, the excess units have been transferred to the City’s Excess Dwelling Unit Bank. With the allocation of 17 units from the City’s Excess Dwelling Unit Bank, the residential build-out will be 205 units under the 823 units allowed for SP 210. That the common facilities provision of the Parking Ordinance (Section 21.44.050(a)(5)) allows up to a 15% reduction in required parking. The 15% reduction would result in a 19 space reduction of the required 126 surface parking spaces, resulting in the provision of 107 parking spaces on Embarcadero Lane for commercialhetail, day care, and guest parking uses. The required parking for the residential units would not be affected. The commercialhetail and guest parking demands for the project operate in a completely different manner with different parking demand peaks and are able to share the same parking supply. The project’s potential environmental impacts were fully examined, mitigated and evaluated within the scope of the Poinsettia Properties Specific Plan (SP 210) Final Program EIR (EIR 96-01) previously certified and approved on January 27, 1998 along with the adopted Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations fully satisfying all applicable CEQA requirements for the proposed project. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). PC RES0 NO. 5806 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditons: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of a grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; 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. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. 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. 5. Developer shall implement, or cause the implementation of, the Poinsettia Properties Specific Plan Final Program EIR Project Mitigation Monitoring and Reporting Program certified with Program EIR 96-01 on January 20,1998. 6. Developer/Operator shall and does hereby agree to indemnifl., 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, fiom (a) City’s approval and issuance of this Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including PC RES0 NO. 5806 -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 7. 8. 9. 10. 11. 12. 13. 14. 15. without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to the Planning 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. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. This approval is granted subject to the approval of PUD 04-10, SDP 04-09, CUP 04-15, and CDP 04-26 and is subject to all conditions contained in Planning Commission Resolutions No. 5807, 5808, 5809, and 5810 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of final map approval. 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. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 12 dwelling units (including: Units 1-12 on Lot 1) as affordable to lower- income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Developer may construct the required inclusionary units after the market rate units, subject to a development schedule agreed upon by the developer and Housing and PC RES0 NO. 5806 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. Redevelopment Director, which shall be included in the Affordable Housing Agreement. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: a. b. C. d. General Enforcement bv the Citv. 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. 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. 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 perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots andor 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 PC RES0 NO. 5806 -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 e. f. g. h. 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. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit -. A statement to the effect that no enclosed or unenclosed additions shall be allowed at any time by any owners, successors in interest, and/or occupants. The CC&Rs shall include a disclosure to future property owners and tenants of this property that this site may be subject to noise, air, and traffic impacts from Avenida Encinas, Embarcadero Lane, the San Diego Northern Railroad, and the Poinsettia Coaster Station and from odor impacts from the Encina Wastewater Treatment Plant. The Parking Management Plan, shown as Attachment 11, shall be incorporated in the CC&Rs. The CC&Rs shall clearly state the following: 1) Six (6) parking spaces shall be reserved in the underground parking garage for employees of the day care during weekdays, 2) Twelve (12) parking spaces shall be reserved in the underground parking garage for the residents of the affordable housing units, 3) One (1) handicap parking space shall be provided in the underground parking garage, 4) A two-car garage space shall be included in the purchase price for each of the market-rate loft and live-work units. 5) Six (6) parking spaces on Embarcadero Lane shall be designated for drop- off/pick-up for the day care and subject to the time limits imposed in the Parking Management Plan. 6) Minor modifications to the time limits imposed in the Parking Management Plan may be allowed, subject to approval by the Planning Director. PC RES0 NO. 5806 -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 19. 20. 21. 22. 23. 24. i. The “work” portion on the first floor of the live-work units may not be leased or rented separately from the “live” area on the second and third floors. j. The two-car garages required for the market-rate loft and live-work units may not be leased, rented, or sold separately. k. A minimum of one (1) bicycle storage locker shall be provided for each of the twelve (12) affordable housing units. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this requirement. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 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 22, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, and Coastal Development Permit by Resolutions No. 5806, 5807, 5808, 5809 and 5810 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. PC RES0 NO. 5806 -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 25. 26. 27. 28. 29. 30. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor (Avenida Encinas and Embarcadero Lane), from the Poinsettia Coaster Station, and from the San Diego Northern Railroad, and may be subject to odor impacts from the Encina Wastewater Treatment Plant in a form meeting the approval of the Planning Director and City Attorney (see Multinoise agreement on file in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). Developer shall 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). Paleontology: a) Prior to issuance of a grading permit, the developer shall present a letter to the City indicating that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques. b) A qualified paleontologist shall be present at the pre-construction meeting to consult with the grading and excavation contractors. c) A paleontological monitor shall be on-site a minimum of half-time during the original cutting of previously undisturbed sediments to inspect cuts for contained fossils. In the event that fossils are discovered, it may be necessary to increase the per/day in field monitoring time. Conversely, if fossils are not being found then the monitoring should be reduced. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. PC RES0 NO. 5806 -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 31. 32. 33. 34. 35. 36. 37. d) When fossils are discovered the paleontologist (or paleontological monitor) shall recover them. In most cases this fossil salvage can be completed in a short period of time. However, some fossil specimens (such as complete, large, mammal skeleton) may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary in certain instances, to set up a screen-washing operation on the site. Payment of agricultural conversion fees in compliance with Section 30171.5 of the Coastal Act shall be required prior to final map approval or issuance of a grading permit, whichever occurs first. The fee shall be applied to the 5.29 acres located within the Planning Area 6 boundary The developer shall incorporate all remediation measures identified in the Updated Phase I Environmental Site Assessment prepared for the project site (Leighton Consulting, Inc., September 29, 2003). The Report recommends placing pesticide impacted soils below the proposed subterranean parking garage and that the property owner enter into the County of San Diego, Department of Environmental Health’s Voluntary Assistance Program to be in conformance with County environmental regulations. Prior to issuance of a building permit, the developer shall submit a supplemental acoustical analysis which demonstrates that the architectural plans for the residences and daycare incorporate the recommendations contained in the Acoustical Analysis, prepared by Mestre Greve, dated August 2,2004, to ensure that interior noise levels do not exceed 45 dBA CNEL. 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. Developer shall obtain Planning Director approval of Sign Program PS 04-144 prior to issuance of any signs for the development. PC RES0 NO. 5806 -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 38. 39. 40. 41. 42. Developer shall obtain Planning Director approval for any artwork proposed on the north elevation of Building 2 (facing Avenida Encinas) within the architectural recess areas as shown on the building elevations. Occupancy for up to 28 live-work units may be obtained prior to issuance of a building permit for Building 1, which includes the daycare. After the building permit for Building 1 is issued, occupancy for the remaining 23 live-work units may be obtained. Occupancy for the 15 condominium loft units may not be obtained until construction has commenced and the foundations are in place for Building 1. A maximum of six (6) kiosks or food carts may be permitted subject to the Planning Director’s approval of the kiosk design, use, and location. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative map within Lots 4 and 5. Prior to the issuance of any building permits, the trail shall be constructed as a public trail for public use and accepted by the City of Carlsbad upon adoption of a Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of another agency designated by the City or the responsibility of the Homeowner’s Association. The developer shall obtain the required NCTD encroachment permit prior to commencement of any work on NCTD property. Enpineering General 43. 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. 44. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 45. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. FeedAgreements 46. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. PC RES0 NO. 5806 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 48. 49. 50. 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. This project requires off site grading. No grading for private improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. Prior to issuance of a grading permit, the developer shall test for suitability of export sandhoil for beach sand replenishment per established City guidelines and offer to transport excavated sandhoil from the project site to a coastal location designated by the City Engineer. The City may reject or accept said offer. Said offer shall remain open until soil exported from the site for the underground garage has commenced. Developer may negate said offer if the City delays development of the project by failing to establish or adopt any procedures, requirements or programs for coastal sand/soil replenishment or obtain necessary permits for coastal sand/soil replenishment. Transport of soilhand is subject to a City approved haul route permit. DedicationslImprovernents 52. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor other appropriate entities for public utility and access easement shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. All street, parking, curb, gutter and other surface facilities as well as underground drainage facilities within said easement shall be privately maintained by the property owner or their representative. Provisions for said maintenance shall be incorporated into the CC&Rs. PC RES0 NO. 5806 -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 53. 54. 55. 56. 57. 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 and the following improvements including, but not limited to paving, base, signing & striping, trails, curbs and gutters, grading, removal or relocation of utilities, sewer, water, and fire hydrants to City Standards to the satisfaction of the City Engineer. The improvements are: a. b. c. d. e. Curb and gutter on Avenida Encinas; Transitional Asphalt Concrete Pavement and Base on Avenida Encinas; Fire Hydrant, water meters and service lines on Avenida Encinas and Embarcadero Lane; Sewer laterals and removal of abandoned sewer main between Access Hole No. 1 and No. 3; and Concrete Trail fronting Avenida Encinas and pedestrian ramps at the intersection of Avenida Encinas and Embarcadero Lane. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for Lots 4 and 5 abutting Avenida Encinas. 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 S WPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said PC RES0 NO. 5806 -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 58. 59. 60. 61. 62. ... pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 200 1-0 1 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. c. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident and employee education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construction 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. Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Prior to approval of the final map, the City of Carlsbad slope easements recorded with the San Diego County Recorder per Doc No. 2002-0033831 shall be quitclaimed. An easement for private reciprocal drainage shall be reserved on the final map over all of Lots 1,2,3,4 and 5 for the benefit of Lots 1,2,3,4 and 5. Prior to the approval of the final map, Embarcadero Lane between the northern and southern boundary of Lot 3 shall be vacated to the underlying property owner. The proposed Embarcadero Lane shall be privately owned and maintained. PC RES0 NO. 5806 -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 63. 64. 65. 66. A vehicular and pedestrian access easement shall be granted over Lot 3 to all property owners and residents within Poinsettia Properties Planning Areas 2, 3, 4 and 5. Vehicular gates or similar obstructions are prohibited on Embarcadero Lane. A gate is permissible for the underground garage as shown on the tentative map. A sign shall be posted at the driveway entrance to said underground parking stating that parking is for resident use only. Prior to recordation of the final map, a drainage easement shall be recorded over portions of Lot 3 for the benefit of Poinsettia Properties Planning Area 5 (Lot 4 of CT 97-10, Map 13785). Said easement shall encompass areas on Lot 3 that will receive surface and subsurface drainage. Developer shall execute a Traffic Signal Improvement Agreement to design and install to City standards and post appropriate security as provided by law, two traffic signals to be constructed to the satisfaction of the City Engineer. The improvements shall consist of: a. Design and construct a new fully actuated traffic signal at both intersections of Avenida Encinas and Embarcadero Lane. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last certificate of occupancy has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. Final Map Notes 67. 68. Developer shall show on Final Map the net developable acres for each parcel. 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: I. 11. Transitional Asphalt Concrete Pavement and Base on Avenida Curb and gutter on Avenida Encinas; Encinas; and PC RES0 NO. 5806 -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 28 111. All Fire Hydrant, water, and sewer facilities within the Avenida Encinas public right-of-way and the public utility and access easement over Embarcadero Lane. B. C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 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. Easement recording information. Special Conditions 69. 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 70. 71. 72. 73. 74. 75. 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 Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map to the Planning Department for processing and approval by the District Engineer. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. PC RES0 NO. 5806 -1 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 76. 77. 78. 79. 80. 81. 82. 83. Fire 84. 85. 86. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the (Tentative Map/Site Plan) to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. The Developer shall provide separate potable water meters for each separately owned unit. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes, Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 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 entire project shall be equipped with automatic fire sprinklers. Standpipes are required in parking structure. Fire alarms are required in the day care and residential structures. PC RES0 NO. 5806 -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 87. 88. 89. 90. 91. 92. 93. 94. 95. Atrium doors shall be equipped with magnetic hold open devices. Any proposed trees on Embarcadero Lane shall not encroach onto the roadway and shall be maintained to a clear height of 13 feet 6 inches. The entire project, including the parking structure and storage units, shall be equipped with automatic fire sprinklers in conformance with Carlsbad Fire Department directive #7. Knox boxes and fire extinguishers are required. In addition to the Knox Key Box at the parking structure entrance, a Knox Box shall be required at any pedestrian gate, or access that may become locked, at the entrance to any occupancy other than dwelling units and at the doors that provide access to fire sprinkler risers and fire alarm equipment. A Knox Key switch override shall be required for gate operation. Emergency access gates shall be provided on Avenida Encinas to the day care play yard. The owners shall establish a maintenance agreement whereby utilities and fire protection shall be maintained at all times. If a fire hydrant does not exist on Avenida Encinas within 100 feet of the backflow device for the daycare building, an additional hydrant will be required. Doors for the private storage areas in the underground parking structure shall be rated for 1 1/2 hour. Elevators shall be sized per UBC 3003.5a for gurney-sized elevators. Code Reminders 96. 97. 98. 99. 100. Developer shall pay a Iandscape 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. 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. PC RES0 NO. 5806 -20- 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 28 101. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 102. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 103. 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. 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. 5806 -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 15 2c 21 2; 2: 2' 2: 2t 2: 21 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of January 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery and Whitton NOES: ABSENT: ABSTAIN: : erson CARLSBAD PLANNING COMMISSION ATTEST: n DON NEU Assistant Planning Director PC RES0 NO. 5806 -22-