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HomeMy WebLinkAbout2006-04-05; Planning Commission; Resolution 6058PLANNING COMMISSION RESOLUTION NO. 6058 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CARLSBAD TRACT TO GRADE AND 3 SUBDIVIDE A 14.4 ACRE SITE INTO 2 RESIDENTIAL LOTS FOR 53 DWELLING UNITS, 1 DRIVEWAY LOT, AND 1 OPEN 4 SPACE LOT ON PROPERTY GENERALLY LOCATED ON 5 THE WEST SIDE OF EL CAMINO REAL AND NORTH OF DOVE LANE WITHIN LOCAL FACILITIES MANAGEMENT 6 ZONE 21. CASE NAME: LA COSTA VILLAGE CENTER 7 TOWNHOMES CASE NO.: CT 04-088 9 WHEREAS, Marker La Costa LLC, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Noreen Levatino, "Owner," 1 described as 12 All that portion of the west half of the northeast Quarter of 13 Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State 14 of California, being more particularly described in certificate of compliance record June 16,1989 as file No. 89-317343 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract 18 Map as shown on Exhibits "A" - "HHH" dated April 5, 2006, on file in the Planning 19 Department LA COSTA VILLAGE CENTER TOWNHOMES - CT 04-08, as provided by 20 Chapter 20.12 of the Carlsbad Municipal Code; and 21 22 WHEREAS, the Planning Commission did, on the 5th day of April 2006, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 25 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Tentative Tract Map. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 RECOMMENDS APPROVAL OF LA COSTA VILLAGE CENTER TOWNHOMES - CT 04-08, based on the following findings and subject to the following conditions: Findings; 6 1. That the proposed map and the proposed design and improvement of the subdivision as 7 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 n project is consistent with all requirements of the General Plan and Titles 20 and 21 governing subdivisions and the design of planned developments. 10 2. That the proposed project is compatible with the surrounding future land uses since 11 surrounding properties are designated for residential and open space development on the General Plan, in that the proposed project consists of open space and 53 airspace condominium units at densities similar and compatible with the surrounding residential land uses. 14 3. 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 15 proposed, in that all required development standards and design criteria required by the applicable zoning standards are incorporated into the project without the need for variances from development standards. 4. That the design of the subdivision or the type of improvements will not conflict with 18 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 19 that the project has been designed and conditioned such that there are no conflicts with established easements.20 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that structures are oriented in a manner that allows for solar exposure and will take advantage of shade and receive prevailing breezes. 7. 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 27 resources. 28 8. 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 PC RESO NO. 6058 -2- habitat, in that the proposed development will impact 4.4 acres of Coastal Sage 2 Scrub, 0.5 acres of Southern Maritime Chaparral and 0.03 acres of Waters of the U.S. The project will mitigate for all impacted habitats, in compliance with the City 3 of Carlsbad HMP. Upland habitat [Coastal Sage Scrub (including all sub- associations), and Southern Maritime Chaparral] mitigation requires a "no net loss 4 standard" and will typically consist of creation of the habitat being impacted (or substantial restoration where allowed) at a ratio of at least 1:1 as provided in the HMP. Substantial restoration of the highly degraded areas (where effective functions of the habitat type have been lost) may be substituted for creation subject to the consultation and concurrence of USFWS, CDFG, and the City of Carlsbad. The remaining mitigation requirement will be satisfied through the purchases in a mitigation bank. Impacts to the unvegetated Waters of the U.S. shall be satisfied through the purchase in a suitable mitigation bank due to lack of restoration 9 opportunities on site, and the project is not impacting vegetative wetlands. 10 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 been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination 13 System (NPDES) requirements. 14 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 April 5, 2006, including, but not limited to the following: 16 a. Land Use - The RM and GMCP (6 du/ac), permits 81 residential units, and the project proposes 53 residential units. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units, which 18 were anticipated toward achieving the City's share of the regional housing need that are not utilized by developers in approved projects, are deposited into the City's Excess Dwelling Unit Bank. These excess dwelling units are 7f) available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the 21 Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the 22 regional housing need. Projects are still considered to be consistent with the General Plan if they are approved at densities below the minimum of the density range. 24 This project proposes 53 condominium units, which is below the density 25 range for the RM General Plan Land Use designation. However, the project application was on file, deemed complete, and considered "in the pipeline" 26 before October 27, 2004, and is exempt from the recently adopted General Plan language which requires any subdivision of land or construction of more than one dwelling to be subject to the minimum density range and 2g intent of the underlying residential land use designation. PC RESO NO. 6058 -3- b. Circulation - The project will take access off of Dove Lane and the applicant 2 is proposing full street improvements to El Camino Real. On-site circulation consists of a private driveway which will be designed in accordance with City 3 standards. 4 c. Noise - The project is required to construct a combination of 10-foot-high and 6-foot-high barriers around the southern and eastern portion of the project site. The second floor balcony areas of Buildings 8 through 12 will 5 require 8-foot-high wall/glass barriers to properly mitigate for the future El Camino Real noise levels, and an acoustical analysis to ensure adequate 7 interior noise attenuation to below 45 dBA CNEL will be achieved is required prior to issuance of building permit. o d. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the applicant is proposing 10 to enter into an Affordable Housing Agreement to purchase 9 off site affordable housing credits in the Villa Loma Project. 11 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 21 and all City public facility policies and j2 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 14 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 15 project will be installed to serve new development prior to or concurrent with need. Specifically, 17 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. 18 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 20 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 21 collected prior to the issuance of building permit. 22 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 24 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. 25 13. This project has been conditioned to comply with any requirement approved as part of the 26 Local Facilities Management Plan for Zone 21. 27 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. PC RESO NO. 6058 -4- 15. The Planning Commission has reviewed each of the exactions imposed on the Developer 2 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 3 degree of the exaction is in rough proportionality to the impact caused by the project. 4 Conditions; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of grading permit, whichever occurs first. 7 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 10 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. 13 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 14 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. 16 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 17 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 j „ 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 20 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 21 all requirements of law. 22 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 23 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 24 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- ~s discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 27 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 28 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. PC RESO NO. 6058 -5- 6. Developer shall implement, or cause the implementation of, the La Costa Village Center 2 Townhomes Project Mitigation Monitoring and Reporting Program. 3 7. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body.4 5 8. Approval is granted for CT 04-08 as shown on Exhibits "A" - "HHH" dated April 5, 2006, on file in the Planning Department and incorporated herein by reference. 6 Development shall occur substantially as shown, unless otherwise noted in these conditions. 7 o 9. 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 9 obligation to provide school facilities. 10 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 21 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 12 11. Building permits will not be issued for this project unless the local agency providing 13 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 14 time of the application for the building permit, and that water and sewer capacity and i <r facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 16 12. As a condition of this approval, applicant must comply with the requirements of all 17 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant 19 shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable 20 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 22 13. Prior to recordation of the final map or prior to issuance of a grading permit, whichever occurs first, the Developer shall take the following actions to the satisfaction of the 23 Planning Director in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the city's Habitat Management Plan: 24 a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. 26 b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in 27 perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the Planning Director and conservation entity, if any, in an amount sufficient for management and monitoring of the open space PC RESO NO. 6058 -6- lot(s) in perpetuity. The Conservation Easement shall provide that the non- 2 wasting endowment shall transfer to the City if the City accepts the Irrevocable Offer to Dedicate fee title to the open space lot(s). 3 d. Record a Conservation Easement over the open space lot(s) which includes an Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of the City, e. Prepare an Interim Management Plan which will ensure adequate management of * the open space lot(s) until such time as a permanent preserve management plan is prepared and approved by the City. 6 14. Prior to the approval of the final map for any phase of this project, or where a map is not 7 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 purchase 9 ° housing credits in the Villa Loma housing project to satisfy the project's affordable n housing requirement, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing 10 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. 15. 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 14 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 15 16. 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 , r, project's building, improvement, and grading plans. 17. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall 19 not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 180 days, upon a showing of good cause. 21 18. Developer shall establish a homeowner's association and corresponding covenants, 22 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 23 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: 25 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 27 of, or in which the City has an interest. 28 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 PC RESO NO. 6058 -7- to disapprove. A copy of the final approved amendment shall be transmitted to City 2 within 30 days for the official record. 3 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the <- City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 6 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 7 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 9 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 10 Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 13 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 14 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 16 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, 17 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 l° 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 20 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 23 all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 24 accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 27 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 28 PC RESO NO. 6058 -8- 19. This approval is granted subject to the approval of the Mitigated Negative Declaration 2 and Mitigation Monitoring and Reporting Program, GPA 04-10, LCPA 04-09, ZC 04-06, SDP 04-05, HDP 04-04, CDP 04-17, CP 04-03, and SUP 04-07 and is subject to 3 all conditions contained in Planning Commission Resolutions No. 6054, 6055, 6056, 6057, 6059, 6060, 6062, 6063, and 6061 for those other approvals incorporated herein by reference. 5 20. Prior to occupancy of the first dwelling unit, the Developer shall provide all required active recreational areas per the approved plans, including landscaping and recreational 7 facilities, and construct passive recreation areas consistent with the construction of the project per the approved plans. 8 p 21. 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 10 the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a General Plan Amendment, Local Coastal Program Amendment, Zone Change, Site Development Plan, Special Use Permit, Coastal Development Permit, Hillside Development Plan, and Condominium Permit by Resolutions No. 6054,6055, 6056, 6057, 6058, 6059, 6060,6062,6063, and 6061 on the 13 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 14 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. 17 22. 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. 18 23. 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 20 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 21, 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. 23 24. If satisfaction of the school facility requirement involves a Mello-Roos Community 24 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 existence of the tax or fee, and that the school district is the taxing agency responsible for 27 the financing mechanism. The form of notice is subject to the approval of the Planning 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. PC RESO NO. 6058 -9- 1 2 25. 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 3 or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets.4 ~ 26. 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 6 posted until ALL of the units are sold. 27. 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 9 (El Camino Real), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 10 28. 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 12 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 13 (see Noise Form #2 on file in the Planning Department). 29. 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 16 Department). 17 30. 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. 19 31. Developer shall provide bus stops to service this development at locations and with 20 reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 23 32. The project shall incorporate all mitigation measures identified in the Biological Resources Survey Report (Dudek and Associates, May 2005). 24 33. Developer shall dedicate on the final map, an open space easement for those portions of lot 4 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all 26 other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage 27 buildings, pools, spas, stairways, and landscaping, as shown on Exhibit A. 34. Removal of native vegetation and development of Open Space Lot 4, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, PC RESO NO. 6058 -10- other than that approved as part of (the grading plan, improvement plans, biological 2 revegetation program, landscape plan, etc.) as shown on Exhibit A, is specifically prohibited, except upon written order of the Carlsbad Fire Department for fire prevention 3 purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove c specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany 6 the request shall be prepared by a qualified biologist. Engineering NOTE: Unless specifically stated in the condition, all of the following conditions, upon the 9 approval of this proposed tentative map, must be met prior to approval of a final map, building or grading permit whichever occurs first. 10 General11 35. 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 13 for the proposed haul route. 14 36. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 16 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 17 37. There shall be one Final Map recorded for this project.18 38. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. 20 39. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). 23 "No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight 24 distance corridor in accordance with Section 8.B of City Engineering Standard Chapter 3 Public Street and Traffic Standard. The underlying property owner shall maintain this condition." 26 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. 6058 -11- Fees/Agreements 2 40. Developer shall cause property owner to execute and submit to the City Engineer for 3 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 4 ~ 41. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed sight 6 distance corridors as shown on the tentative map over lots 1 to 4. The deed restriction document shall be in a form acceptable to the City Engineer and shall: 7 a. Clearly delineate the limits of the sight distance corridors on a plat to be attached to the deed restriction; 9 b. State that the sight distance corridor is to be maintained in perpetuity by the 10 underlying property owner; and c. State that objects along the sight distance corridor will not restrict or impede the 12 ability of motorist at the intersection to identify approaching vehicles pursuant to CalTrans sight distance and City sight distance corridor 13 standards. 14 42. Prior to approval of any grading or building permits for this project, Developer shall I,- 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 16 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 17 on a form provided by the City Engineer. 18 Grading 19 43. Prior to the issuance of a grading permit or building permit, whichever occurs first, 20 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.21 22 44. 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 23 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 24 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 26 conformance from both the City Engineer and Planning Director. 27 45. 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. PC RESO NO. 6058 -12- Dedications/Improvements 2 46. All on-site stormdrains shall be privately owned and maintained by the property owner. 3 The property owner shall enter into an encroachment agreement with the City for those portions of the private stormdrain that are encroaching within public easements. Said 4 agreement is subject to the City Engineer's approval. 47. Developer shall cause Owner to make an offer of dedication to the City and/or other 6 appropriate entities for all public utility and access easements and other easements shown on the tentative map. The offer shall be made by a certificate on the final map 7 and/or separate recorded 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 rededicated. 9 48. Additional drainage easements may be required. Developer shall dedicate and provide or 10 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit, 12 49. 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 13 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 14 plancheck and inspection fees. 50. Developer shall execute and record a City standard Subdivision Improvement Agreement 16 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 17 paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, sewer, water, fire hydrants, and street lights to city standards to the ° satisfaction of the City Engineer. The improvements are: 19 a. Install curb, gutter, sidewalk, streetlights, pavement and base, storm drain 20 and curb inlet, and striping along £1 Camino Real property frontage. b. Install pedestrian ramp and relocate traffic signal as needed at corner of 21 Poinsettia Lane and El Camino Real. c. Install curb, gutter and sidewalk on Poinsettia Lane property frontage. d. Remove curb, gutter and sidewalk for Private Driveway "A" connection with 23 Dove Lane and install driveway approach, including pedestrian ramps and cross gutter. 24 e. Install water mains and appurtenances, including, but not limited to, fire hydrants, f. Install sewer mains and appurtenances. 26 A list of the above shall be placed on an additional map sheet on the Final Map per the 27 provisions of Section 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development 28 improvement agreement or such other time as provided in said agreement. PC RESO NO. 6058 -13- 51. Developer shall cause Owner to waive direct access rights on the final map for all lots 2 abutting El Camino Real. 3 52. El Camino Real shall be dedicated by Owner along the project frontage based on a center line to right-of-way width of 126 feet and in conformance with City of Carlsbad 4 Standards. 53. Developer shall have the entire drainage system designed, submitted to and approved by 6 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 7 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 detention basin capacities necessary to accomplish the desired results. 9 54. Prior to the issuance of grading permit or building permit, whichever occurs first, 10 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control ^2 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 13 the project. At a minimum, the SWPPP shall: 14 a. include all content as established by the California Regional Water Quality - _ Control Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water 16 Quality Control Board; c. recommend source control and treatment control Best Management Practices 17 (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and j9 d. establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper 20 procedures for handling cleanup and disposal of pollutants. 21 55. 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 23 Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal 24 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: 26 a. identify existing and post-development on-site pollutants-of-concern; 27 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 28 PC RESO NO. 6058 -14- c. recommend source controls and treatment controls that will be implemented with 2 this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 3 d. establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident and employee education on the proper procedures for handling cleanup 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 6 exceed the pre-development runoff rates and velocities to the maximum extent practicable. 7 56. 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 9 Carlsbad Standards. 10 57. Prior to occupancy, developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad standards. 11 «2 58. Prior to occupancy, developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad standards. 13 59. Prior to building permit or grading permit issuance, whichever occurs first, Developer 14 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 17 building or grading plan review, whichever occurs first. 60. Developer shall incorporate into the grading/improvement plans the design for the project in 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 20 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed riprap, or other means deemed appropriate, to the satisfaction of the City Engineer. £*£* 23 61. If feasible, at the discretion of the City Building Official, in light of ADA restrictions and without requiring mechanical devices or extension retaining walls and 24 switchbacks, the applicant will provide additional access at the northeast and southwest areas of the project. Final Map Notes 27 62. Developer shall show on Final Map the net developable acres for each parcel. 28 63. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: PC RESO NO. 6058 -15- a. All improvements are privately owned and are to be privately maintained with the 2 exception of the following: i. Curb, gutter, sidewalk, streetlights, pavement and base, 400 feet of 3 median improvements for left-turn lane to Poinsettia Lane, storm drain and curb inlet, and striping within £1 Camino Real right-of-way. ^ ii. Pedestrian ramp at corner of Poinsettia Lane and El Camino Real. 5 iii. Curb, gutter, and sidewalk within Poinsettia Lane right-of-way. iv. Water mains and appurtenances, including, but not limited to, fire 6 hydrants within public easements and right-of-way. v. Sewer mains and appurtenances within public easement and right-of- 7 way. o b. Building permits will not be issued for development of the subject property unless 9 the appropriate agency determines that sewer and water facilities are available. 10 c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as sight distance corridors. 11 12 Water 13 64. 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, 14 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. 16 65. The Developer shall design and construct public facilities within public right-of-way or 17 within minimum 20-foot-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 18 maintenance, access and/or joint utility purposes. 19 66. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 20 for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 21 67. The Developer shall prepare a colored recycled water use map and submit this map to the 22 Planning Department for processing and approval by the District Engineer. 23 68. The Developer shall design landscape and irrigation plans utilizing recycled water as a 24 source. Said plans shall be submitted to the satisfaction of the District Engineer. 25 69. 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. 27 70. The Developer shall install sewer laterals and clean-outs at a location approved by the 28 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. PC RESO NO. 6058 -16- 1 2 71. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District 3 Engineer. Proposed public facilities shall be reflected on public improvement plans. 72. The Developer shall provide separate potable water meters for each separately owned unit. 73. This project is approved upon the express condition that building permits will not be 6 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 7 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Q 74. Prior to Final Map approval or issuance of building permits, whichever is first, the entire o 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 10 District Engineer. 75. A fire flow system shall be required for this residential development and it shall be constructed as a looped system. The Developer shall complete the looped water system by tying into the existing waterline system on El Camino Real to the satisfaction of the 13 District Engineer. 14 76. The Developer shall coordinate with the District Engineer regarding the looped system and easements. 77. 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, 17 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. 19 78. The Developer shall submit a detailed potable water study, prepared by a 20 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. 23 Code Reminders 24 The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: 26 79. The tentative map shall expire twenty-four (24) months from the date this tentative map 27 approval becomes final. 28 PC RESO NO. 6058 -17- 80. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 81. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 4 Code Section 18.04.320. 82. The project shall comply with the latest non-residential disabled access requirements 6 pursuant to Title 24 of the State Building Code. 7 83. 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. 9 84. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 10 required by Chapter 20.44 of the Carlsbad Municipal Code. 11 85. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 13 86. 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 14 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. A fJ 16 NOTICE 17 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." 19 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 22 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 23 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, 25 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 26 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 27 28 PC RESO NO. 6058 -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 5th day of April 2006, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, Segall, and Whitton MARTELL B. MONTGOMER^Chairperson CARLSBAD PLANNING COMMISSION NEU ITssistant Planning Director PC RESO NO. 6058 -19-