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HomeMy WebLinkAbout2006-08-02; Planning Commission; Resolution 6143PLANNING COMMISSION RESOLUTION NO. 6143 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 05-13 TO 3 SUBDIVIDE 9.1 ACRES INTO 10 LOTS, FOR THE DEVELOPMENT OF 53 DETACHED AIRSPACE 4 CONDOMINIUM UNITS WITHIN THE VILLAGES OF LA 5 COSTA RIDGE NEIGHBORHOOD 2.6, LOCATED SOUTH OF MELROSE DRIVE AND EAST OF CORINTIA STREET IN 6 LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: VILLAGES OF LA COSTA RIDGE 7 NEIGHBORHOOD 2.6 CASE NO.: CT 05-138 9 WHEREAS, Western Pacific Housing, Inc., "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, "Owner," described as 12 Lot 223 of City of Carlsbad Tract No. 99-04-02, Village of La 13 Costa Ridge - Neighborhood 2.6, in the City of Carlsbad, County of San Diego, State of California, according to map 14 thereof No. 14838, filed in the office of the County Recorder of j 5 San Diego County July 14,2004 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract 18 Map as shown on Exhibits "A" - "CC" dated August 2, 2006, on file in the Planning 19 Department, VILLAGES OF LA COSTA RIDGE NEIGHBORHOOD 2.6 - CT 05-13, as 20 provided by Chapter 20.12 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 2nd day of August, 2006, hold 23 a 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 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 VILLAGES OF LA COSTA RIDGE NEIGHBORHOOD 2.6 - CT 05-13, 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 o proposed map satisfies all minimum requirements of Title 20 and has been designed to comply with all other applicable regulations including the Villages of La Costa 10 Master Plan. 11 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development or Open Space on the General Plan, in that the site has a General Plan designation of Residential Medium- jo High Density (RMH) and surrounding properties are designated as Residential Medium Density (RM), Utility (U), and Open Space (OS). 14 3. That the site is physically suitable for the type and density of the development since the 15 site is adequate in size and shape to accommodate residential development at the density proposed, in that the project is consistent with the development criteria of the Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code. 17 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 prior to recordation of the final map the developer is conditioned to obtain any easements required for the proposed project. -1 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 the proposed development will consist of detached air space condominium units with adequate 24 separation to provide future residents with adequate air circulation within and 25 surrounding any future residential units. 26 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 27 against the public service needs of the City and available fiscal and environmental resources. 28 PCRESONO. 6143 -2- 8. That the design of the subdivision and improvements are not likely to cause substantial 2 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is not within a preserve area of the Habitat 3 Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan that was evaluated in 4 Final Program EIR 98-07. 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 7 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 8 System (NPDES) requirements. 9 10. The Planning Commission finds that the project, as conditioned herein, is in 10 conformance with the Elements of the City's General Plan, and Villages of La Costa Master Plan based on the facts set forth in the staff report dated August 2, 2006, 11 including, but not limited to the following: 12 a. Land Use - The project is consistent with the City's General Plan since the 13 proposed density is within the density range of 8-15 du/ac specified for the site as indicated on the Land Use Element of the General Plan, and does not exceed the 14 number of units permitted for Ridge Neighborhood 2.6 by the Villages of La Costa Master Plan.15 b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa 17 Master Plan as the developer is required to construct affordable housing units consistent with the First Amended and Restated Affordable Housing Agreement (dated 2/21/03) approved for the Villages of La Costa. The Greens Affordable Apartment Project has been constructed and occupied, and units in that project will satisfy the inclusionary housing requirements 20 for this project. 21 c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR, and Villages of La Costa Master Plan. The project will not impact the designated open space and will provide Master Plan trails and connections to the adjacent neighborhoods as identified in the Villages of La Costa Master 24 Plan. 25 d. Public Safety - The project does not require fire suppression zones to reduce _, fire hazards to an acceptable level. 27 e. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and 28 the Villages of La Costa Master Plan. PCRESONO. 6143 -3- 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 2 Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 3 provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the r project will be installed to serve new development prior to or concurrent with need. Specifically, 6 a. The project has been conditioned to provide proof from the San Marcos Unified 7 School District that the project has satisfied its obligation for school facilities. g b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44. 9 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 10 collected prior to the issuance of building permit. 11 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 13 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. 14 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 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, in that 18 improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone 20 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La 22 Costa Master Plan. 23 16. The Planning Director has determined that: 24 a. The project is a subsequent activity of the Villages of La Costa Master Plan 25 (MP 98-01) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of 26 the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; and 2g b. This project is consistent with the Master Plan cited above; and PCRESONO. 6143 -4- c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection 2 with the prior plan; and 3 d. The project has no new significant environmental effect not analyzed as significant in the prior EIR; and4 c e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and 6 f. All feasible mitigation measures or project alternatives identified in the Villages of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 17. 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 10 to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions;12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of final map or issuance of a grading permit whichever occurs first. 14 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 1 , 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 17 future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the 18 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. 20 Staff is authorized and directed to make, or require the Developer to make, all corrections 21 and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 24 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 25 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 27 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 28 unless the City Council determines that the project without the condition complies with all requirements of law. PCRESONO. 6143 -5- 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 2 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 3 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 c nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 6 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 7 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated.8 9 6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. 10 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the San Marcos Unified School District that this project has satisfied its ^2 obligation to provide school facilities. 13 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 11 Local Facilities Management Plan and any amendments made to 1 4 that Plan prior to the issuance of building permits. 9. Building permits will not be issued for this project unless the local agency providing 16 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 17 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 19 10. The Developer shall implement and comply with all applicable mitigation measures 20 required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in ^ * Planning Commission Resolution No. 5010. 22 11. This approval is granted subject to the approval of CP 05-12 and is subject to all 23 conditions contained in Planning Commission Resolution No. 6144 for those other approvals incorporated herein by reference. 24 _ 12. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) 26 between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project's market rate units, unless both the final decision-making 27 authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development.28 PCRESONO. 6143 -6- 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 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 4 <- 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 6 project's building, improvement, and grading plans. 7 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the 9 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 10 Director. At a minimum, the CC&Rs shall contain the following provisions: 11 a. General Enforcement by the City. The City shall have the right, but not the j2 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 13 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 14 City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 16 c. Failure of Association to Maintain Common Area Lots and Easements. In the event 17 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 1 ° City shall have the right, but not the duty, to perform the necessary maintenance. If , o 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 20 particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 21 giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to 23 be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 24 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, 2/r 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 27 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 28 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 PCRESONO. 6143 -7- payable by the Association within twenty (20) days of receipt by the Association. If 2 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 3 equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other f 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, 6 plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and 9 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 10 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit. 12 f. Landscape Material Restrictions; Restrictions to landscape materials adjacent 13 to conserved habitat areas shall be as set forth in Exhibit Invasive/exotic species not to be used include those listed on Lists A and B of the "Exotic Plants of Greatest Ecological Concern in California," adopted by the California Exotic Pest Plan Council, October, 1999. 16 g. HCP/OMSP Educational Material; Exhibit describes the importance and sensitivity of the conserved habitat areas and ways to avoid impact to them. 17 h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 20 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by ~~ Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such 23 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. 24 17. 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. 26 18. Prior to the issuance of the grading permit or recordation of the final map, Developer 27 shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and a Condominium Permit by Resolutions No. 6143 and 6144 on the property. PCRESONO. 6143 -8- Said Notice of Restriction shall note the property description, location of the file 2 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 3 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. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community 6 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 9 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 10 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained.11 20. 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 13 or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 14 21. 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 22. 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 1 ° may be subject to noise impacts from the proposed or existing Transportation Corridor, in i n a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). 20 23. Prior to the recordation of the first final tract map or the issuance of building permits, 21 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney 23 (see Noise Form #2 on file in the Planning Department). 24 24. 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 25. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall 28 require review and approval of the Planning Director prior to installation of such signs. PCRESONO. 6143 -9- 26. The project shall complete an interior noise analysis, compliant with the CCR, 2 Title 24, Noise Insulation Standards, prior to the issuance of building permits for future homes to demonstrate that the proposed architectural design would limit 3 interior noise to 45 dBA CNEL or less. 4 27. The required recreation area shall begin construction prior to the occupancy of the - first unit in Neighborhood 2.6, and shall be approved for use prior to the occupancy of 50% of the units within Neighborhood 2.6. 6 Engineering 7 General8 9 28. 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 10 for the proposed haul route. 11 29. Developer shall provide to the City Engineer an acceptable means, CC&Rs, and/or other , 2 recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, and storm drain facilities 13 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 14 30. There shall be one Final Map recorded for this project. 16 31. Developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards. 17 32. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following jo statement on the Final Map (and in the CC&Rs). 20 "No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City 21 Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." 23 The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 24 The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 26 Fees/Agreements 27 33. Developer shall cause property owner to execute and submit to the City Engineer for 28 recordation the City's standard form Geologic Failure Hold Harmless Agreement. PCRESONO. 6143 -10- 34. Developer shall cause property owner to execute and submit to the City Engineer for 2 recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 3 35. Prior to approval of any grading or building permits for this project, Developer shall ^ cause Owner to give written consent to the City Engineer to the annexation of the area <- shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an 6 additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. „ 36. Prior to approval of the first final map, Developer shall enter into a Prepayment Agreement with the City for prepayment of Developer obligation for the funding to 9 improve Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe 10 Road. 11 Grading 12 37. Prior to the issuance of a grading permit or building permit, whichever occurs first, 13 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. 14 1 - 38. 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 16 obtain a grading permit from the city engineer prior to issuance of a building permit for the project. 17 39. Prior to the issuance of a grading permit, Developer shall obtain approval of a Conditional Letter of Map Revision (CLOMR) from FEMA for any grading within 19 the regulatory floodplain. Prior to occupancy of any units, Developer shall obtain approval of a Letter of Map Revision (LOMR) from FEMA. 20 Dedications/Improvements ~~ 40. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the tentative 23 map. The offer shall be made by a certificate on the final map. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already 24 public are not required to be rededicated. 25 41. Additional drainage easements may be required. Developer shall dedicate and provide or 26 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 27 42. Developer shall provide the design of all private streets and drainage systems to the 28 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 PCRESONO. 6143 -11- systems shall be inspected by the City. Developer shall pay the standard improvement 2 plancheck and inspection fees. 3 43. Developer shall execute and record a City Standard Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map and the following improvements including, but not limited to paving, c base, signing and striping, medians, grading, clearing and grubbing, relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, to City and 6 district standards to the satisfaction of the City Engineer. The improvements are: 7 a. Add driveway approaches to Corintia Street with appurtenant facilities, including but not limited to pedestrian ramp and street cross gutter. b. Add sewer, potable and reclaimed water facilities per Vallecitos Water 9 District standards and fire hydrants per City Standards. c. Decorative pavement to the median on Corintia Street subject to the City 10 Engineer's approval. d. Designating 'No Parking' on portions of Corintia Street as directed by the City Engineer. 12 A list of the above shall be placed on an additional map sheet on the Final Map per the 13 provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 16 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 17 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: 20 a. Include all content as established by the California Regional Water Quality Control Board requirements. b. Include the receipt of "Notice of Intent" issued by the California Regional Water Quality Control Board. Recommend source control and treatment control Best Management Practices (BMPs) 23 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- 24 of-way or natural drainage course. d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper procedures for handling cleanup and disposal of pollutants. 27 45. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of PCRESONO. 6143 -12- the California Regional Water Quality Control Board and City of Carlsbad Municipal 2 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 3 project. At a minimum, the SWMP shall: 4 a. Identify existing and post-development on-site pollutants-of-concern. r b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. 6 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 7 extent practicable before discharging to City right-of-way. d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on 9 the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post construct BMPs in perpetuity. 10 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 1 practicable. 12 46. AH onsite storm water treatment facilities shall be privately owned and maintained, 13 including but not limited to, the inlet filters, vortechnics unit and vegetated swale on Lot 6 (Rec Area), unless otherwise stated. 14 47. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural 16 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. 17 The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. 19 48. Developer shall incorporate into the grading/improvement plans the design for the project 20 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 21 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, 23 to the satisfaction of the City Engineer. 24 a. All easements identified on sheet 6 of 6 of the Tentative Map/Condominium Permit noted to be quitclaimed shall be quitclaimed prior to or concurrent with approval of the final map. The revestment of access rights at the driveway 26 locations shall also be accomplished by quitclaim. All City easements to be quitclaimed are subject to the City Council's approval. 27 49. The final drainage study shall analyze the existing public street and drainage 2° system's ability to accept public street drainage on Corintia Street rather than route the drainage through Private Street 'C' and Private Street 'A' as shown on the PCRESONO. 6143 -13- tentative tract map. Analysis shall include determining existing downstream inlet 2 and storm drain flows and capacities for a 100-year 6-hour storm. If downstream public drainage facilities can accommodate the proposed drainage per City 3 Standards, then drainage shall be routed to said facilities as directed by the City Engineer. If the developer is directed to route public drainage through the ^ development as currently proposed, public easements shall blanket all drainage j- facilities routing said public water between Corintia Street and the point of discharge. 6 Final Map Notes 7 50. Developer shall show on Final Map the net developable acres for each parcel. o 9 51. Note(s) to the following effect(s) shall be placed on the map as non-mapping data. 10 A. All improvements are privately owned and are to be privately maintained with the exception of the following: 12 1. All improvements within the Corintia Street public right-of-way. 2. All storm drain, sewer, reclaimed water, and potable water facilities located within 13 the public utility easement unless otherwise noted as private. 14 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. 15 C. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight 17 distance corridors. 1810 Vallecitos Water and Sewer District 19 52. The Developer shall prepare a colored recycled water use map and submit this map to the 20 Planning Department for processing and approval by the District Engineer. 21 53. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. 22 54. The Developer shall meet with and obtain approval from the Vallecitos Water District 23 regarding sewer infrastructure available or required to serve this project. 24 55. The Developer shall meet with and obtain approval from the Vallecitos Water District 25 regarding potable water infrastructure available or required to serve this project. 26 56. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding recycled water infrastructure available or required to serve this project. 27 28 PCRESONO. 6143 -14- Code Reminders 2 The project is subject to all applicable provisions of local ordinances, including but not limited to 3 the following: 57. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on r the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad 6 Municipal Code, respectively. 7 58. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. o 9 59. 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 10 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 60. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 13 61. Approval of this request shall not excuse compliance with all applicable sections of the 14 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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 PCRESONO. 6143 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '118 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 2nd day of August 2006, by the following vote, to wit: AYES:Chairperson Montgomery, Commissioners Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioners Baker and Segall ABSTAIN: MARTELL B. CARLSBAD PLANNING COMMISSION ATTEST: T JQONNEU Assistant Planning Director PC RESO NO. 6143 -16-