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HomeMy WebLinkAbout2006-08-16; Planning Commission; Resolution 6148PLANNING COMMISSION RESOLUTION NO. 6148 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 05-15 TO 3 SUBDIVIDE 48.9 ACRES INTO 120 RESIDENTIAL LOTS AND TWO OPEN SPACE LOTS ON PROPERTY GENERALLY 4 LOCATED WEST OF RANCHO SANTA FE ROAD, SOUTH 5 OF MELROSE DRIVE AND NORTH OF CADENCIA STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11. 6 CASE NAME: LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 7 CASE NO.: CT05-15 8 WHEREAS, Real Estate Collateral Management Company, "Developer/Owner," has filed a 9 verified application with the City of Carlsbad regarding property described as 10 Lots 202 and 203 of the City of Carlsbad Tract CT 99-04-03, 11 Villages of La Costa, La Costa Oaks North, in the City of 12 Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of the San Diego County 13 Recorder on April 18,2006, as File Number 2006-0271049 14 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 16 Map as shown on Exhibits "A" - "R" dated August 16, 2006, on file in the Planning 17 Department, LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - CT 05-15, as provided by18 19 Chapter 20.12 of the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 16th day of August, 2006, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony 23 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 24 relating to the Tentative Tract Map. £3 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad as follows: 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of LA COSTA OAKS NORTH NEIGHBORHOOD 3.3 - CT 05-15, based on the following findings and subject 3 to the following conditions: Findings; 1. That the proposed map and the proposed design and improvement of the subdivision, as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 7 Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and ° configuration and have been designed to comply with all other applicable regulations including the Villages of La Costa Master Plan. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development and as 11 open space on the General Plan, in that the site has a General Plan Land Use designation of Residential Low-Medium (RLM) and Open Space (OS). 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 14 proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by 15 the applicable City regulations including the Villages of La Costa Master Plan. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in jg that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. 19 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 21 6. That the design of the subdivision provides, to the extent feasible, for future passive or 22 natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to 23 provide residents with adequate air circulation within and surrounding any future residential units. 24 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 resources. 27 8. That the design of the subdivision and improvements are not likely to cause substantial 28 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 PCRESONO. 6148 -2- Conservation Plan approved for the property. The project area is a designated 2 development area in the Villages of La Costa Master Plan which was evaluated in Final Program EIR 98-07. 3 9. That the discharge of waste from the subdivision will not result in violation of existing 4 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 Pollution Discharge Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in 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 16, 2006, including, but not limited to the following: 10 a. Land Use - The project is consistent with the City's General Plan since the 11 proposed density is within the density range of 0-4 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below12the growth control point of 3.2 du/acre as well as not exceeding the number of 13 units permitted by the Villages of La Costa Master Plan. 14 b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master Plan. 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 17 Greens Affordable Apartment Project has been constructed and occupied and the Oaks Affordable Apartment project has been approved and grading 18 is ongoing. Those projects will satisfy the inclusionary housing requirements for this project. 20 «• Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan 21 EIR 98-07, 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 Master Plan. 23 d. Noise - A project-specific noise study prepared for the Tentative Map 24 identified an area requiring a 6-foot-high noise wall which is shown on the project plans in conformance with the recommendations of the noise study. With the noise wall, the noise standards will be met. e. Public Safety - The project includes fire suppression zones, fire-resistive 27 construction techniques, and fire sprinklers for selected homes to reduce fire hazards to an acceptable level. 28 PCRESONO. 6148 -3- f. Circulation - The circulation system is designed to provide adequate access to 2 the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. 3 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 11 and all City public facility policies and r ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 6 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 7 project will be installed to serve new development prior to or concurrent with need. Specifically, 5 9 a. The project has been conditioned to provide proof from the Encinitas Unified and San Dieguito Unified School Districts that the project has satisfied its 10 obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit or be satisfied by the use of existing parkland credits in addition to the dedication of land for the future 13 Alga Norte Park site. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 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 17 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the 20 Local Facilities Management Plan for Zone 11. 21 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 22 created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management 24 Plan and the project will comply with the general and special conditions of the zone plan. 25 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 26 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. 28 PCRESONO. 6148 -4- 16. The Planning Director has determined that: 2 a. The project is a subsequent activity of the Villages of La Costa Master Plan 3 (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 the program approved earlier, and that the program EIR adequately describes the 5 activity for the purposes of CEQA [15168(c)(2) and (e)]. 6 b. This project is consistent with the Master Plan cited above. c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan.o 9 d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. 10 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 12 f. All feasible mitigation measures or project alternatives identified in the Villages 13 of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project.14 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 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. 17 Conditions; 18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or grading permit whichever occurs first. 20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 21 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 23 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 24 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 25 or a successor in interest by the City's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 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 28 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PCRESONO. 6148 -5- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 6 all requirements of law. 7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 9 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, 10 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 16 making body. 17 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Unified and San Dieguito Unified School Districts that this project has satisfied its obligation to provide school facilities. 19 8. This project shall comply with all conditions and mitigation measures which are required 20 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 21 __ 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 23 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and 24 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 10. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final 27 Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010.28 PCRESONO. 6148 -6- 1 11. This approval is granted subject to the approval of MP 98-01(E) and PUD 05-12 and is 2 subject to all conditions contained in Planning Commission Resolutions No. 6145 and 6149 for those other approvals incorporated herein by reference. 3 12. Developer shall construct the required inclusionary units as stipulated in the First Amended and Restated Affordable Housing Agreement (dated February 21, 2003) $ 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 6 authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 7 „ 13. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 9 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving 10 condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 12 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 13 15. Developer shall establish a homeowner's association and corresponding covenants, 14 conditions, and restrictions. Said CC&Rs shall be submitted to and approved by the . - Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official 16 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: 17 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 j a of, or in which the City has an interest. 20 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 21 to disapprove. A copy of the final approved amendment shall be transmitted to City „« within 30 days for the official record. 23 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 24 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 26 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 27 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 2° 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 PCRESONO. 6148 -7- be completed and shall be entitled to reimbursement with respect thereto from the 2 Owners as provided herein. 3 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the 6 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 7 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 9 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 10 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 ,2 against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the 13 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 14 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 his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 17 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 19 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit 20 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 21 California Exotic Pest Plan Council, October 1999. 22 g. HCP/OMSP Educational Material; Exhibit describes the importance 23 and sensitivity of the conserved habitat areas and ways to avoid impact to them. 24 h. Lighting Restrictions on Private Residential Lots; Restrictions on lighting within residential lots adjacent to open space conservation areas shall be as set 25 forth in Exhibit 26 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 27 #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 PCRESONO. 6148 -8- taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this 2 approval will not be consistent with the General Plan and shall become void. 3 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. 4 e 18. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County 6 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 Planned Development Permit by Resolutions No. 6148 and 6149 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any 9 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 10 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest.11 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council 13 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 14 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 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 17 regarding those fees or taxes can be obtained. I O 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 or made available to the public shall include but not be limited to trails, future and 20 existing schools, parks and streets. 21 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. 23 22. Prior to the recordation of the first final tract map or the issuance of building permits, 24 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, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 27 23. 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 require review and approval of the Planning Director prior to installation of such signs. PCRESONO. 6148 -9- 24. The required recreation area on lot 81 shall obtain approval and begin construction 2 prior to the occupancy of the first unit of either Neighborhoods 3.1, 3.3, 3.4, or 3.5, whichever occurs first, and shall be approved for use prior to the occupancy of 50% 3 of the units within either Neighborhoods 3.1,3.3,3.4, or 3.5. 25. Street lights for the project shall be selectively placed, shielded or directed away from conserved habitat areas. The street improvement plans shall provide shielded lights in proximity to habitat preserve areas to minimize light impacts. 6 26. Prior to occupancy of any units within Neighborhood 3.3, temporary or permanent 7 RV storage shall be made available in La Costa Oaks Neighborhood 3.2. Engineering 9 General 10 27. 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 , 2 for the proposed haul route. 13 28. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is 14 formally established by the City. 29. 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 17 located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 30. Prior to occupancy, Developer shall install rain gutters to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 20 31. There shall be one Final Map recorded for this project. 21 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 23 statement on the Final Map (and in the CC&Rs). 24 Type I "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the 25 street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with Villages of La Costa Master Plan MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain 27 this condition.' 28 PCRESONO. 6148 -10- 1 Type II 2 "No obstructions shall conflict with or impede the line-of-sight as established per City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, 3 tree, shrub, sign, or other object shall be placed or permitted on the subject property within such sight distance corridors. The underlying property owner shall 4 maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, 6 grading, or landscape plan prepared in association with this development. 7 Fees/Agreements g 33. Developer shall cause property owner to execute and submit to the City Engineer for 9 recordation the City's standard form Geologic Failure Hold Harmless Agreement. 10 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding * 1 drainage across the adjacent property. 12 35. Developer shall cause property owner to execute, record, and submit a recorded copy to 13 the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall be in a 14 form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course. 16 B. State that the drainage course is to be maintained in perpetuity by the underlying 17 property owner. * ° C. State that all future use of the property along the drainage course will not restrict, -, Q impede, divert, or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public 20 nuisance. 21 36. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits, or final map for this project, Developer shall cause Owner to execute an Agreement to annex the 23 subject property into City of Carlsbad SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary 24 to annex the property into SL&LD #2. 9S 37. Prior to approval of the first final map, the developer shall enter into a Prepayment 26 Agreement with the City for prepayment of the developer obligation for the funding to improve Rancho Santa Fe Road, which will satisfy the special condition in the 27 Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. 28 PCRESONO. 6148 -11- Grading 2 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 obtain a grading permit from the City Engineer prior to issuance of a building permit for the project. 5 39. Prior to the issuance of a grading permit or building permit, whichever occurs first, 6 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.7 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 map. The offer shall be made by a certificate on the final map. All land so offered shall 11 be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. 12 41. Additional drainage easements may be required. Developer shall dedicate and provide or 13 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 42. 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 16 conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 18 43. Developer shall execute a City standard Subdivision Improvement Agreement to install 19 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, 20 base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls, and reclaimed water to City Standards to the satisfaction of the 22 City Engineer. The improvements are: 23 a. Streets "AK," "AL," "AN," "AP," "AQ," "AR," "AS," and "AT" to public street standards. b. Storm drain, water, sewer, and reclaimed water per City and appropriate district standards. c. Developer shall contribute its fair share contribution to design and install a 26 fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersections of Rancho Santa Fe Road 27 with Avenida Soledad and San Elijo Road to the satisfaction of the City Engineer. The traffic signal shall not be installed until such time that written approval is received from the City Engineer. PCRESONO. 6148 -12- A list of the above shall be placed on an additional map sheet on the Final Map per the 2 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 3 improvement agreement or such other time as provided in said agreement. 44. Developer shall cause Owner to waive direct access rights on the final map for all lots 5 abutting AY en i da Soledad, lot 49 to Street "AK," lots 88, 89, and 96 to Street "AL," lot 44 to Street "AQ," the northerly property line of lot 37 to Street "AQ," lots 24 6 and 35 to Street "AR," lots 63 and 71 to Street "AS," and lot 52 to Street "AT. 45. Developer shall relocate or quitclaim those easements shown on sheet 4 of the tentative map to be quitclaimed or relocated, to the satisfaction of the City Engineer or written evidence shall be provided from the easement holder allowing grading 9 and/or improvements within the limits of their easement. 10 46. Developer shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 13 and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 14 A. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and 16 hazardous waste products. 17 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such ° fluids shall not be discharged into any street, public or private, or into storm drain i o or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers, and other such chemical treatments shall meet 20 Federal, State, County, and City requirements as prescribed in their respective containers. 21 ,_. C. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 23 47. Prior to the issuance of grading permit or building permit, whichever occurs first, 24 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of 27 the project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements. PCRESONO. 6148 -13- b. Include the receipt of "Notice of Intent" issued by the California Regional Water 2 Quality Control Board. Recommend source control and treatment control Best Management Practices (BMPs) 3 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. t- d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper 6 procedures for handling cleanup and disposal of pollutants. 7 48. 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 9 Storm water Mitigation Plan (SUSMP), Order 2001-01, as amended, issued by the San Diego Region of the California Regional Water Quality Control Board and City of 10 Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post- construction stage of the project. At a minimum, the SWMP shall: 12 a. Identify existing and post-development on-site pollutants-of-concern. 13 b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. 14 c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way. d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident/employee education on the 17 proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-development runoff rates and velocities from the site will not in exceed the predevelopment runoff rates and velocities to the maximum extent practicable. 20 49. Developer shall install street lights along all public and private street frontages abutting 21 and/or within the subdivision boundary in conformance with City of Carlsbad Standards. 22 50. Developer shall install sidewalks along all public streets abutting the subdivision in 23 conformance with City of Carlsbad Standards. 24 51. Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards.25 Final Map Notes 27 52. Note(s) to the following effect(s) shall be placed on the map as non-mapping data. 28 A. All improvements are privately owned and are to be privately maintained with the exception of the following: PCRESONO. 6148 -14- 1 2 1. Streets "AK," "AL," "AN," "AP," "AQ," "AR," "AS," and "AT." 2. Storm drain, water, sewer, and reclaimed water within public streets 3 or easements. 3. Traffic signals in public streets.4 c 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. 6 C. Geotechnical Caution: 7 The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action 9 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 10 subdivision due to its construction, operation, or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above 12 the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with Villages of La Costa Master Plan 13 MP 98-01, as added, Section 4.9.3. The underlying property owner shall maintain this condition. 14 E. No obstructions shall conflict with or impede the line-of-sight as established per City Standard Public Street-Design Criteria, Section 8. No structure, fence, wall, 16 tree, shrub, sign, or other object shall be placed or permitted on the subject property within such sight distance corridors. The underlying property owner 17 shall maintain this condition. 1 O Special Conditions 19 53. The Average Daily Trips (ADT) and floor area contained in the staff report and 20 shown on the tentative map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the 21 City of Carlsbad Municipal Code, respectively. 22 Utilities 23 54. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 24 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 26 satisfaction of the District Engineer. 27 55. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the District or the City of Carlsbad. 28 At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. PCRESONO. 6148 -15- 1 2 56. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water 3 Authority capacity charge(s) prior to issuance of Building Permits. ^ 57. The Developer shall prepare a colored recycled water use map and submit this map to the c Planning Department for processing and approval by the District Engineer. 6 58. 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. 7 59. 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 9 reflected on public improvement plans. 10 60. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 12 61. The Developer shall design and construct public water, sewer, and recycled water 13 facilities substantially as shown on the tentative map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 14 62. The Developer shall provide separate potable water meters for each separately owned unit. 16 63. This project is approved upon the express condition that building permits will not be 17 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 1 ° occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 19 64. Prior to Final Map approval or issuance of building permits, whichever is first, the entire 20 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 21 District Engineer. 22 65. 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 66. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding potable water infrastructure available or required to serve this project. 26 Code Reminders 27 67. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 28 PCRESONO. 6148 -16- 68. Developer shall provide the following note on the final map of the subdivision and final 2 mylar of this development submitted to the City: 3 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by c Chapter 21.90. The land use designation for this development is 3.2 dwelling units per non-constrained acre. 6 Parcels 1 - 122 were used to calculate the intensity of development under the 7 General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include parcels 1 - 122 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." 9 69. Approval of this request shall not excuse compliance with all applicable sections of the 10 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 70. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the State Building Code. 13 71. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 72. Developer shall exercise special care during the construction phase of this project to 16 prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction 17 of the City Engineer. 1 8 NOTICE 19 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 ~ i "fees/exactions." 22 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 23 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 25 annul their imposition. 26 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, 2 ' 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 PCRESONO. 6148 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of August, 2006, by the following vote, to wit: AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, Dominguez, Heineman, and Whitton NOES: ABSENT: Commissioner Segall ABSTAIN: MARTELL B. MONTG^ CARLSBAD PLANNIN ATTEST: , Chairperson ti COMMISSION DON NEU Assistant Planning Director PCRESONO. 6148 -18-