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HomeMy WebLinkAbout2006-09-06; Planning Commission; Resolution 6161PLANNING COMMISSION RESOLUTION NO. 6161 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 04-19 TO ALLOW THE 3 DEVELOPMENT OF A 15-UNIT MULTI-FAMILY RESIDENTIAL AIRSPACE CONDOMINIUM PROJECT ON A 4 0.86-ACRE SITE GENERALLY LOCATED ALONG THE 5 WEST SIDE OF VIEJO CASTILLA WAY BETWEEN NAVARRA DRIVE AND PIRINEOS WAY IN LOCAL 6 FACILITIES MANAGEMENT ZONE 6. CASE NAME: RESORT VIEW TOWNHOMES 7 CASE NO.: CT04-19 Q WHEREAS, Karnak Planning & Design, Inc., "Developer," has filed a verified 9 application with the City of Carlsbad regarding property owned by B.N.R. Investment and 10 Development LLC., "Owner," described as 12 Lots 35 and 36 of La Costa South Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according 13 to Map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3,1968 14 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "X" dated September 6, 2006, on file in the Planning 18 Department, RESORT VIEW TOWNHOMES - CT 04-19, as provided by Chapter 20.12 of 19 the Carlsbad Municipal Code; and 20 WHEREAS, the Planning Commission did, on the 6th day of September, 2006, 21 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Tentative Tract Map. 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. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES RESORT VIEW TOWNHOMES - CT 04-19, based on the following findings and subject to the following conditions: 4 r Findings; 5 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 7 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 airspace condominium units created through the tentative map satisfy all the minimum requirements of Title 20 and have been designed to comply with other applicable regulations including the Planned Development Ordinance, Hillside 10 Development Regulations, the Residential High Density (RH) General Plan Land Use designation, and the Residential Density-Multiple (RDM) Zone. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential High Density (RH) development on the General Plan, in that the adjacent uses have either been developed as such or are zoned for such development. 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 site can accommodate the proposed 15-unit multi-family development while complying with all applicable development standards. 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 that no existing easements exist on the site and no additional right-of-way is necessary. „. 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 development is oriented to take advantage of shade or prevailing breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental 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 project site has limited value as habitat for endangered, rare, or PCRESONO. 6161 -2- threatened species. Identified on the site through a Biological Report for this 2 property is a narrow strip of dense, shrubby habitat classified as unoccupied, disturbed Coastal Sage/Chaparral Scrub. This vegetation runs in a diagonal 3 direction across the property from the northwest to southeast and is 0.13 acres in size. This scrub vegetation is of low habitat value, being isolated on the property 4 and surrounded by development on all sides. Although the project will impact this r native habitat, the impact has already been analyzed, anticipated, and authorized by the City of Carlsbad Habitat Management Plan (HMP). The native habitat being 6 impacted by this project is not a part of, or of any biological value to the HMP citywide habitat preserve system, will not jeopardize the existence or survival of any rare, threatened, or endangered plant or animal species, and the impact will be mitigated through the payment of habitat in-lieu mitigation fees in accordance with the adopted HMP. 9 9. That the discharge of waste from the subdivision will not result in violation of existing 10 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in 14 conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated September 6,2006, including but not limited to the following: The proposed density of 18.75 dwelling units per acre is within the RH density range of 15-23 du/ac, but is slightly below the Growth Management Control Point (GMCP) of 19 dwelling units per acre used for the purpose of calculating the City's 17 compliance with Government Code Section 65863. At the GMCP, 15.2 units would be permitted on the 0.80-acre (net developable) property and the project is proposing 15 dwelling units. However, consistent with Program 3.8 of the City's certified Housing Element, all of the dwelling units which were anticipated toward achieving the City's share of the regional housing need that are not utilized by 2Q developers in approved projects, including fractional units, are deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units are available for 21 allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the regional housing need. 24 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6, and all City public facility policies and 25 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational 27 facilities; libraries; government administrative facilities; and open space, related to the project, will be installed to serve new development prior to or concurrent with need. 28 Specifically, PCRESONO. 6161 -3- a. The project has been conditioned to provide proof from the San Dieguito High 2 School and Encinitas Union School District that the project has satisfied its obligation for school facilities. 3 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will ^ be collected prior to issuance of building permit. 5 c. The Public Facility fee is required to be paid by Council Policy No. 1 7 and will be 6 collected prior to the issuance of building permit. 7 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional ° requirements established by a Local Facilities Management Plan prepared pursuant to o Chapter 21 .90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 10 13. This project has been conditioned to comply with any requirement approved as part of the 1 1 Local Facilities Management Plan for Zone 6. 12 14. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 14 preparation of environmental documents pursuant to Section 15332 exempting an in-fill development project on less than five acres of land of the state CEQA Guidelines. In 15 making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project.16 17 15. That 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 lg 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 19 the project. 20 Conditions: 21 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading or 22 final map, whichever occurs first. 23 1 . If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to 25 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy 26 issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 27 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. PCRESONO. 6161 -4- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval shall require an amendment to this approval. r 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. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 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 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 1 * harmless the City of Carlsbad, its Council members, officers, employees, agents, and j2 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 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 14 nondiscretionary, in connection with the use contemplated herein, and j_ (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 15 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 1 O 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar 19 copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 20 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 21 Director from the San Dieguito Union High and Encinitas Union School District that 22 this project has satisfied its obligation to provide school facilities. 23 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that 24 plan prior to the issuance of building permits. 25 9. Building permits will not be issued for this project unless the local agency providing 25 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 27 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. 28 PCRESONO. 6161 -5- 10. Approval is granted for CT 04-19 as shown on Exhibits "A" - "X" dated September 6, 2 2006, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these 3 conditions. 11. This approval is granted subject to the approval of CP 04-09 and HDP 04-09 and is subject to all conditions contained in Planning Commission Resolutions No. 6162 and 6163 for those other approvals incorporated herein by reference. 12. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the o Developer shall enter into an Affordable Housing Agreement with the City to purchase two (2) affordable housing credits in the Villa Loma housing project in accordance with 9 the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no 10 later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 12 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 13 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 16 landscape plan check process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 17 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 19 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 20 official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 22 &• 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 23 of, or in which the City has an interest. 24 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 to disapprove. A copy of the final approved amendment shall be transmitted to City 25 within 30 days for the official record. 27 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If PCRESONO. 6161 -6- the City elects to perform such maintenance, the City shall give written notice to the 2 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 3 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the r period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the 6 Owners as provided herein. 7 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 9 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 10 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 13 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 14 pursue collection from the Association by means of any remedies available at law or 1 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 \ ft against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and 17 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 19 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 20 accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 23 f. Balconies, trellis and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis and decks shall be as set forth in Exhibit 24 16. This project is being approved as a condominium permit for residential homeownership 2/r purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. The CC&Rs for the project shall include this 27 requirement. 28 PCRESONO. 6161 -7- 17. Prior to issuance of building permits, the Developer shall submit to the Planning Director 2 a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City approved documents and exhibits. 3 18. Prior to the issuance of the final map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to c- 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 6 Carlsbad has issued a Tentative Tract Map, Condominium Permit, and Hillside Development Permit by Resolutions No. 6161, 6162, and 6163 on the property. Said Notice of Restriction shall note the property description, location of the file containing o complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has 9 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 10 interest. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community 12 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, 13 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 ,<- 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 16 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 17 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 existing schools, parks and streets. 20 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. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 24 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-Lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City 26 Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has 27 determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successor(s) in PCRESONO. 6161 -8- interest shall pay the adjusted amount of the fee once it is approved by the City Council. 2 The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-Lieu Mitigation Fee for this project is 3 not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void.4 <- 23. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 6 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 7 Local Facilities Management Plan fee for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 9 24. Prior to occupancy of the first dwelling unit the Developer shall provide all required 10 passive and active recreational areas per the approved plans, including landscaping and recreational facilities.11 12 Engineering: 13 General 14 25. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 16 26. Prior to issuance of any building permit, Developer shall comply with the requirements of 17 the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 19 27. 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 20 the private improvements: sidewalks, street lights, storm drain, and water quality treatment facilities located therein and to distribute the costs of such maintenance in an 21 equitable manner among the owners of the properties within the subdivision. 22 28. Developer shall install sight distance corridors (see below for types) at all Driveway 23 intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&R's). 24 Type II "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or 26 permitted on the subject property within an intersection sight distance corridor established per Carlsbad Engineering Standards, Volume 1, Chapter 3, Section 8. 27 The underlying property owner shall maintain this condition." ™ The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. PCRESONO. 6161 -9- Fees/Agreements 2 29. Developer shall cause property owner to execute and submit to the City Engineer for 3 recordation the City's standard form Geologic Failure Hold Harmless Agreement. 30. 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 6 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be 7 on a form provided by the City Engineer. Grading 9 31. Prior to the issuance of a grading permit or building permit, whichever occurs first, 10 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.11 12 32. 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 13 obtain a grading permit from the City Engineer. Dedications/Improvements 33. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvement including, but not limited to 17 paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, sewer, water, fire hydrants, street lights, and storm water quality treatment devices, to City Standards to the satisfaction of the City Engineer. The improvement is: 20 a) Construct and reconstruct curb, gutter, and sidewalk along the frontage of Viejo Castilla Way to accommodate the proposed driveways, utility 21 connections, and storm drain outlets. 22 The condition above shall be placed on an additional map sheet on the Final Map per the 23 provisions of Sections 66434.2 of the Subdivision Map Act. Improvement listed above shall be constructed within 18 months of approval of the subdivision or development 24 improvement agreement or such other time as provided in said agreement. 34. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 27 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 28 to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: PCRESONO. 6161 -10- a. include all content as established by the California Regional Water Quality Control 2 Board requirements; b. include the receipt of "Notice of Intent" issued by the California Regional Water 3 Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants <- from storm water to the maximum extent practicable before discharging to City right- of-way or natural drainage course; and 6 d. establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to employee education on the proper 7 procedures for handling cleanup and disposal of pollutants. o 35. Prior to the issuance of grading permit or building permit, whichever occurs first, 9 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 10 Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from 12 storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 13 a. identify existing and post-development on-site pollutants-of-concern; 14 b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; 17 d. establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident education on the proper 1 ° procedures for handling cleanup and disposal of pollutants; , n e. ensure long-term maintenance of all post-construction BMPs in perpetuity; and f. identify how post-development runoff rates and velocities from the site will not 20 exceed the predevelopment runoff rates and velocities to the maximum extent practicable. 21 Final Map Notes 23 36. Developer shall show on Final Map the net developable acres for each parcel. 24 37. Note to the following effect shall be placed on the map as non-mapping data A. 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 that may arise through any geological failure, ground water seepage or land subsidence and 27 subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation, or maintenance. 28 PCRESONO. 6161 -11- Special Conditions 2 38. The Average Daily Trips (ADT) and floor area contained in the staff report and 3 shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 5 Water 6 39. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the 9 satisfaction of the District Engineer. 10 40. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charge(s) prior to issuance of Building Permits. 12 41. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 42. This project is approved upon the express condition that building permits will not be 15 issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. 17 43. Prior to Final Map approval or issuance of building permits, whichever is first, the entire I g 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 19 District Engineer. 20 Code Reminders 21 The project is subject to all applicable provisions of local ordinances, including but not limited to 22 the following: 23 44. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. 25 45. 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 26 with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 46. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. PCRESONO. 6161 -12- 47. Developer shall pay a landscape plan check and inspection fee as required by Section 2 20.08.050 of the Carlsbad Municipal Code. 3 48. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 49. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 50. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City:8 9 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. 10 Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RH, 15-23 dwelling units per non-constrained acre. 12 Parcels 216-170-14 and 216-170-15 were used to calculate the intensity of 13 development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include 14 parcels 216-170-14 and 216-170-15 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." 16 51. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning 1 7 Director prior to installation of such signs. 18 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 "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, 27 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. 6161 -13- NOTICE similar to this, or as to which the statute of limitations has previously otherwise 2 expired. 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 4 Commission of the City of Carlsbad, California, held on the 6th day of September, 2006, by the following vote, to wit: 6 AYES: Chairperson Montgomery, Commissioners Baker, Cardosa, 7 Dominguez, Heineman, Segall, and Whitton 8 NOES: 9 ABSENT: 10 ABSTAIN: 11 " 12 13 MARTELL B. MONTfOMERYMairperson 14 CARLSBAD PLANNING COMMISSION 15 16 17 DONNEU Assistant Planning Director 18 19 20 21 22 23 24 25 26 27 28 PCRESONO. 6161 -14-