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HomeMy WebLinkAbout2006-03-01; Planning Commission; Resolution 6035PLANNING COMMISSION RESOLUTION NO. 6035 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO GRADE AND SUBDIVIDE A 3 2.79 ACRE SITE INTO 14 RESIDENTIAL LOTS AND 3 OPEN SPACE/RECREATION/PRIVATE DRIVEWAY LOTS ON 4 PROPERTY GENERALLY LOCATED ON THE WEST OF 5 DONNA DRIVE AND NORTH OF CARLSBAD VILLAGE DRIVE WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6 1. CASE NAME: TRAILS END 7 CASE NO.: CT 04-14 g WHEREAS, Dennis Cunningham, "Developer," has filed a verified application with the City of 9 Carlsbad regarding property owned by Chris Coseo, "Owner," described as 10 Portion of lot 7 of Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, 12 County of San Diego, State of California, according to official plat thereof 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibit CT 04-14 dated March 1, 2006, on file in the Planning Department 17 TRAILS END - ZC 04-10, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 1 o WHEREAS, the Planning Commission did, on the 1st day of March, 2006, hold a 19 duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 22 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 23 relating to the Tentative Tract Map. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 26 A) That the foregoing recitations are true and correct. 27 B) That based on the evidence presented at the public hearing, the Commission 28 APPROVES TRAILS END - CT 04-14, based on the following findings and subject to the following conditions: Findings: 2 1. That the proposed map and the proposed design and improvement of the subdivision as 3 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 4 Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all requirements of the General Plan, and Titles 20 and 21 governing subdivisions and the design of planned developments. 2. That the proposed project is compatible with the surrounding future land uses since 7 surrounding properties are designated for residential development on the General Plan, in that the proposed project consists of 14 two-home residential lots at densities 8 similar and compatible with the surrounding residential land uses. " 3. That the site is physically suitable for the type and density of the development since the j Q site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by 11 the applicable zoning standards are incorporated into the project without the need for variances from development standards. 12 4. That the design of the subdivision or the type of improvements will not conflict with 3 easements of record or easements established by court judgment, or acquired by the 14 public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts 15 with established easements. 16 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 structures are oriented 19 in a manner that allows for solar exposure and will take advantage of shade and receive prevailing breezes. 20 7. That the Planning Commission has considered, in connection with the housing proposed 21 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. 23 8. That the design of the subdivision and improvements are not likely to cause substantial 24 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development will impact 1.10 acres of Diegan Coastal 25 Sage Scrub as well as non-native grassland, eucalyptus woodland, and disturbed 7, and ornamental these impacts will be mitigated consistently with the Carlsbad Habitat Management Plan (HMP) as the project is conditioned to pay habitat in-lieu 27 mitigation fees to mitigate the loss of the various habitat resources. 28 9. 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 PC RESO NO. 6035 -2- been designed in accordance with the Best Management Practices for water quality 2 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination 3 System (NPDES) requirements. 4 10. 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 March 1,2006 including, but not limited to the following: 6 a. Land Use - The project is consistent with the City's General Plan since the 7 proposed density of 5.88 du/ac is within the density range of 4 - 8 du/ac specified for the site as indicated in the Land Use Element of the General 8 Plan. The project's proposed density of 5.88 du/ac is slightly below the Growth Management Control Point density (6 du/ac) used for the purpose of calculating the City's compliance with Government Code Section 65584. 10 However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving 11 the City's share of the regional housing need that are not utilized by developers in approved projects are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other 10 projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing 14 residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. b. Circulation - The project will take access off of Donna Drive and the applicant is proposing full street improvements. On-site circulation consists 17 of a private driveway which will be designed in accordance with City standards. 18 c. Noise - The project is required to construct a six-foot masonry sound 19 attenuation barrier along the southeast property line fronting Carlsbad Village Drive and provide an acoustical analysis for lots 2-6 to ensure adequate interior noise attenuation to below 45 dBA CNEL will be achieved. 21 d. Housing - The project is consistent with the Housing Element of the General 22 Plan and the Inclusionary Housing Ordinance as the applicant is proposing to enter into an Affordable Housing Agreement to construct two affordable 23 dwelling units on site. 24 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local 25 Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 26 provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 2' 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, PC RESO NO. 6035 -3- a. The project has been conditioned to provide proof from the Carlsbad 2 Unified School District that the project has satisfied its obligation for school facilities. 3 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and 6 will be collected prior to the issuance of building permit. 7 12. 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 o 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. 10 13. This project has been conditioned to comply with any requirement approved as part of the 11 Local Facilities Management Plan for Zone 1. 12 14. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. 14 15. The Planning Commission of the City of Carlsbad does hereby find: 15 a. it has reviewed, analyzed and considered Mitigated Negative Declaration 16 TRAILS END - ZC 04-10/CT 04-14/HDP 04-07/PUD 04-10, the environmental 17 impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to APPROVING of the lg project; and 19 b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of 21 Carlsbad; and 22 c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 23 ~4 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will have a significant effect on 25 the environment. 26 16. 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 2g degree of the exaction is in rough proportionality to the impact caused by the project. PC RESO NO. 6035 -4- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 3 recordation or issuance of grading permit, whichever occurs first. 1. If any of the following conditions fail to occur; or if they are, by their terms, to be r 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 6 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 7 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 9 or a successor in interest by the City's approval of this Tentative Tract Map. 10 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 ^2 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 13 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 14 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 16 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 17 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. 19 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold 20 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 21 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- 23 discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including 24 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 26 validated. 27 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision 2° making body. PC RESO NO. 6035 -5- 7. Developer shall implement, or cause the implementation of, the Trails End Project 2 Mitigation Monitoring and Reporting Program. 3 8. 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 4 obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required 6 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits, including, but not limited to the following: 7 10. 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 9 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 10 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 12 11- This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 13 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 14 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 1, Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 16 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 17 General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successors) in interest shall pay the adjusted amount of the fee once it is approved by the City Council. 19 The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is 20 not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 21 ~,j 12. 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 23 Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 2 dwelling units (including: Lots 7 and 8) as affordable to lower-income 24 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 26 request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 27 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2% Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as PC RESO NO. 6035 -6- shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 2 condition, free from weeds, trash, and debris. 3 14. 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 4 project's building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, 6 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 7 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: 9 a. General Enforcement by the City. The City shall have the right, but not the 10 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. , 2 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 13 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 14 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 16 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If 17 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 jo 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 20 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 21 be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 23 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, 24 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 26 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 27 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 28 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 PCRESONO. 6035 -7- equal to six percent (6%) of the amount of the invoice. Thereafter the City may 2 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 3 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 6 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 7 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration.8 9 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 10 f. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit 12 13 16. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation and Monitoring Report, Zone Change, Hillside Development Permit, 14 and a Planned Development Permit and is subject to all conditions contained in ., Planning Commission Resolutions No. 6033, 6034, 6036 and 6037 for those other approvals incorporated herein by reference. 16 17. Prior to occupancy of the first dwelling unit the Developer shall provide all required 17 passive and active recreational areas per the approved plans, including landscaping and recreational facilities.18 19 18. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 20 19. Prior to the issuance of the Final Map, Developer shall submit to the City a Notice of 21 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 Zone Change, Tentative Tract Map, Hillside 23 Development Permit, and Planned Development Permit by Resolutions No. 6034, 6035, 6036, and 6037 on the property. Said Notice of Restriction shall note the property 24 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 26 to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 27 20. 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 RESO NO. 6035 -8- 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #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 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 22. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 9 existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning 10 Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information *• regarding those fees or taxes can be obtained. 12 23. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 13 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. 24. 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. 17 25. 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 (Carlsbad Village Drive), in a form meeting the approval of the Planning Director and 20 City Attorney (see Noise Form #1 on file in the Planning Department). 26. Prior to the recordation of the first final tract map or the issuance of building permits, 22 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 23 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). 24 27. 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). 27 28. 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. PCRESONO. 6035 -9- 29. The landscape buffer in the southwest corner of the property shall be enhanced to 2 the satisfaction of the Planning Director to provide additional buffering to the westerly property. 3 30. Surfacing of the utility access extending from the end of the cul-de-sac shall be added to discourage skateboarding. Engineering 6 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. o 9 General 10 31. 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. 12 32. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 13 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 14 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 33. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 17 34. There shall be one Final Map recorded for this project. 35. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. 20 36. Developer shall install sight distance corridors at all street intersections in accordance 21 with Engineering Standards and shall record the following statement on the Final Map (and in the CC&R's). 23 a. "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 24 as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B. The underlying property owner shall maintain this condition." 26 b. The limits of these sight distance corridors shall be reflected on any improvement, 27 grading, or landscape plan prepared in association with this development. 28 PC RESO NO. 6035 -10- Fees/Agreements 2 37. Developer shall cause property owner to execute and submit to the City Engineer for 3 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 38. 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. 6 39. Prior to approval of any grading or building permits for this project, Developer shall 7 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 9 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 10 Grading11 40. 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 13 of work has been submitted to the State Water Resources Control Board. 14 41. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a 16 contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" 17 x 36" mylar or similar drafting film format suitable for a permanent record. 1 O 42. 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 20 the project. Dedications/Improvements 22 43. Developer shall process documents through the City to quitclaim an existing city 23 easement, dated October 30, 1968 File No. 1968-189781 of Official Records for "construction, excavation, embankment and drainage purposes" along the 24 southeasterly 60 feet of the property. 44. Developer shall cause Owner to make an 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 separate recorded 27 document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be 28 rededicated. PCRESONO. 6035 -11- 1 2 45. 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 3 with any grading or building permit. 46. 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 6 systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 7 47. Developer shall execute and record a City standard subdivision improvement agreement 9 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 10 paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, relocation of utilities, sewer, water, driveway approach, fire hydrants, street lights, retaining walls to City Standards to the satisfaction of the City Engineer. The , ~ improvements are: 13 a. Curb, gutter, sidewalk, street pavement, retaining wall, streetlight, relocation/replacement of traffic signal loop detectors, and water services on 14 Donna Drive. b. Water main, fire hydrants and related appurtenances within the proposed project street and public utility easement. 16 c. Sewer main, access holes and related appurtenances within the public sewer easement and public utility easement. 17 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 , 0 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 20 48. Developer shall cause Owner to waive direct access rights on the final map/by separate 21 document and provide proof of recordation to the city engineer prior to the issuance of a building permit for all lots abutting Carlsbad Village Drive and Lot 17 abutting Donna Drive. 23 49. Donna Drive shall be dedicated by Owner along the project frontage based on a center 24 line to right-of-way width of 30 feet and in conformance with City of Carlsbad Standards. 50. Developer shall have the entire drainage system designed, submitted to and approved by the City Engineer, to ensure that runoff resulting from 10-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the 27 runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24-hour storm durations shall be analyzed to determine the 28 detention basin capacities necessary to accomplish the desired results. PC RESO NO. 6035 -12- 51. Developer shall comply with the City's requirements of the National Pollutant Discharge 2 Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 3 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 and shall be incorporated in the 5 CC&R's. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 6 a. All owners and tenants shall coordinate efforts to establish or work with 7 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, 9 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 10 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet11Federal, State, County and City requirements as prescribed in their respective j2 containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants 13 when planning any changes to the landscaping and surface improvements. 14 52. 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 16 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 17 to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall:18 P J 19 a) include all content as established by the California Regional Water Quality Control Board requirements; 20 b) include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board; 21 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 23 to City right-of-way or natural drainage course; and d) establish specific procedures for handling spills and routine clean up. Special 24 considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. £tJ 2ft 53. 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)." 27 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of 28 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 PC RESO NO. 6035 -13- storm water, to the maximum extent practicable, for the post-construction stage of the 2 project. At a minimum, the SWMP shall: 3 a) identify existing and post-development on-site pollutants-of-concern; b) identify the hydrologic unit this project contributes to and impaired water bodies 4 that could be impacted by this project; c) 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; d) establish specific procedures for handling spills and routine clean up. Special 7 considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ° e) ensure long-term maintenance of all post construct BMPs in perpetuity; and f) 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 10 practicable. 54. Prior to occupancy, Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 13 55. Developer shall incorporate into the grading/improvement plans the design for the project 14 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 5 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a I/- modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, 17 to the satisfaction of the City Engineer. Final Map Notes 19 56. Developer shall show on Final Map the net developable acres for each parcel. 20 57. Note(s) to the following effect(s) shall be placed on the map as non-mapping data 21 a. All improvements are privately owned and are to be privately maintained with the exception of the following: 23 i- Street frontage improvements within Donna Drive right-of-way. ii. Water main and appurtenances within the proposed public access and 24 utility easement. iii. Sewer facilities within the public sewer easement and public access and utility easement. „ 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. 27 c. Geotechnical Caution: i. The owner of this property on behalf of itself and all of its successors in 28 interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground PC RESO NO. 6035 -14- water seepage or land subsidence and subsequent damage that may occur 2 on, or adjacent to, this subdivision due to its construction, operation or maintenance. 3 d. 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. 5 6 Water 58. 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 9 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 10 59. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of Carlsbad. 12 At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 14 60. 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 1 5 Authority capacity charge(s) prior to issuance of Building Permits. 16 61. The Developer shall install potable water services and meters at a location approved by 17 the District Engineer. The locations of said services shall be reflected on public improvement plans. 18 19 62. 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 20 improvement plans. 21 63. The Developer shall design and construct public water, sewer, and recycled water 22 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. 23 24 64. 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 25 determined that adequate water and sewer facilities are available at the time of occupancy.26 27 65. 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 28 adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. PC RESO NO. 6035 -15- 66. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, 2 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 3 be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer.4 5 67. 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). 6 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. g Code Reminders 9 The project is subject to all applicable provisions of local ordinances, including but not limited to 10 the following code requirements: 68. The tentative map shall expire twenty-four (24) months from the date this tentative map 12 approval becomes final. 13 69. 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 *4 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction , 5 of the City Engineer. 16 70. 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 17 permit issuance, except as otherwise specifically provided herein. 18 71. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 19 Code Section 18.04.320. 20 72. 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 21 Director prior to installation of such signs. 22 73. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 23 required by Chapter 20.44 of the Carlsbad Municipal Code. 24 74. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 2*3 26 75. 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 27 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer.28 PC RESO NO. 6035 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 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 fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of March 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Cardosa, Dominguez, and Whitton NOES: Commissioner Baker ABSENT: Commissioner Heineman and Segall MARTELL B. MONTCOMERYfcRiairperson CARLSBAD PLANNING COMMISSION ATTEST: DONNEU Assistant Planning Director PCRESONO. 6035 -17-