HomeMy WebLinkAbout2007-01-03; Planning Commission; Resolution 6225PLANNING COMMISSION RESOLUTION NO. 6225
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT TO
3 DEVELOP A 9-UNIT RESIDENTIAL AIRSPACE
CONDOMINIUM PROJECT ON TWO INFILL LOTS
4 LOCATED ON THE SOUTHWEST CORNER OF ROMERIA
STREET AND GIBRALTAR STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
6 CASE NAME: ROMERIA POINTE CONDOMINIUMS
CASE NO.: CT 06-22
7
WHEREAS, BNR Investment and Development, LLC, "Developer/Owner,"
o
9 has filed a verified application with the City of Carlsbad regarding described as
10 Lot 393 of La Costa South Unit No. 5 according to Map thereof
No. 6600 filed in the Office of the County Recorder, March 10,
1 * 1970, being in the City of Carlsbad, County of San Diego, State
12 of California
13 ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits "A" - "H" dated January 3, 2007, on file in the Planning
16
Department ROMERIA POINTE CONDOMINIUMS - CT 06-22, as provided by Chapter
17
20.12 of the Carlsbad Municipal Code; and18
jp WHEREAS, the Planning Commission did, on the 3rd day of January, 2007,
20 hold a duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony
22 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
23
relating to the Tentative Tract Map.
24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26 Commission of the City of Carlsbad as follows:
27 A) That the foregoing recitations are true and correct.
28 B) That based on the evidence presented at the public hearing, the Commission
APPROVES CT 06-22 - ROMERIA POINTE, based on the following findings
and subject to the following conditions:
Findings:
2 1. That the proposed map and the proposed design and improvement of the subdivision as
3 conditioned, is consistent with and satisfies all requirements of the General Plan, any
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
4 Subdivision Map Act, and will not cause serious public health problems, in that the
airspace subdivision satisfies all minimum requirements of Title 20 and 21
governing multiple family development and has been designed to comply with all
5 applicable City regulations.
7 2. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High (RH) density development
on the General Plan, in that the project is similar in density and design to other
properties in the vicinity.
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
11 proposed, in that the project site can accommodate the proposed residential
development while complying with all development standards and public facilities
12 requirements.
1 ^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
15 that concurrent with the recordation of the final map the developer will vacate and
adjust any easements that conflict with the proposed development.
16
5. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
18 6. That the design of the subdivision provides, to the extent feasible, for future passive or
19 natural heating or cooling opportunities in the subdivision, in that structures are oriented
to take advantage of shade or prevailing breezes.
20
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.
23 8. That the design of the subdivision and improvements are not likely to cause substantial
24 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that no such environmental resources or fish or wildlife exist on the
25 previously graded site.
9. That the discharge of waste from the subdivision will not result in violation of existing
27 California Regional Water Quality Control Board requirements, in that the project has
been in designed in accordance with the Best Management Practices for water
28 quality protection in accordance with the City's sewer and drainage standards and
PC RESO NO. 6225 -2-
the project is conditioned to comply with the National Pollutant Discharge
2 Elimination System (NPDES) requirements.
3 10. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, based on the facts set forth in
4 the staff report dated January 3,2007.
a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 17 du/ac is within the density range of 15 - 23 du/ac
specified for the site as indicated in the Land Use Element of the General Plan.
7 The project's proposed density of 17 du/ac is slightly below the Growth
Management Control Point of 19 du/ac used for the purpose of calculating the
° City's compliance with Government Code Section 65584. However, consistent
Q 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
10 housing need that are not utilized by developers in approved projects, are
deposited in the City's Excess Dwelling Unit Bank. These excess dwelling units
11 are available for allocation to other projects. Accordingly, there is not 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.
14
b. Housing - The project is consistent with the Housing Element of the General
15 Plan and the Inclusionary Housing Ordinance as the developer has been
conditioned to enter into an Affordable Housing Agreement for the purchase of
2 credits in the Villa Loma affordable housing project to satisfy its 15%
17 inclusionary housing requirements.
18 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
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
21 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.
22 Specifically:
23 a. The project has been conditioned to provide proof from the Encinitas Union and
24 San Dieguito Union High School Districts School District that the project has
satisfied its obligation for school facilities.
25
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
will be collected prior to issuance of building permit.
27 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
28 collected prior to the issuance of building permit.
PC RESO NO. 6225 -3-
d. The Local Facilities Management fee for Zone 6 is required by Carlsbad
2 Municipal Code Section 21.90.050 and will be collected prior to issuance of
building permit.
3
12. The project has been conditioned to pay any increase in public facility fee, or new
4 construction tax, or development fees, and has agreed to abide by any additional
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.
7 13. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 6.
8
14. That there have been sufficient developments approved in the quadrant at densities below
9 the control point to offset the units in the project above the control point so that approval
will not result in exceeding the quadrant limit.
15. 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
12 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15332 - infill projects
located on properties in urban areas that are less than five acres, served by
adequate public facilities, and result in no environmental impacts exempts, of the
state CEQA Guidelines. In making this determination, the Planning Director has found
15 that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply
to this project.
16
16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
18 17. The Planning Commission has reviewed each of the exactions imposed on the Developer
19 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonable related to the project, and the extent and the
20 degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of
23 final map or grading permit, whichever comes first.
24 l. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
27 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Tentative Tract Map.
PC RESO NO. 6225 -4-
1
2 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map and Condominium Permit documents,
3 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.
6 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.
7
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
9 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
10 unless the City Council determines that the project without the condition complies with
all requirements of law.
12 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
13 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
14 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
nondiscretionary, in connection with the use contemplated herein, and
16 (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
17 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
19 6. Developer shall submit to Planning Director a reproducible 24" x 36" mylar copy of the
20 Tentative Map/Site Plan reflecting the conditions approved by the final decision-making
body.
21
~~ 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas Union and San Dieguito Union School District that this
23 project has satisfied its obligation to provide school facilities.
24 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
Plan prior to the issuance of building permits.
26
9. Building permits will not be issued for this project unless the local agency providing
27 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
2° time of the application for the building permit, and that water and sewer capacity and
PC RESO NO. 6225 -5-
facilities will continue to be available until the time of occupancy. A note to this effect
2 shall be placed on the Final Map.
3 10. This approval is granted subject to the approval of CP 06-15 and is subject to all
conditions contained in Planning Commission Resolution No. 6226 for those other
approval incorporated herein by reference.
11. Prior to the approval of the final map for any phase of this project, or where a map is not
6 being processed, prior to the issuance of building permits for any lots or units, the
Developer shall enter into an Affordable Housing Agreement with the City to purchase 2
' credits into the Villa Loma Apartment project as affordable to lower-income
8 households for 55 years, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
9 Agreement shall be submitted to the Planning Director no later than 60 days prior to the
request to final the map. The recorded Affordable Housing Agreement shall be binding
10 on all future owners and successors in interest.
12. The purchase of credits in the Villa Loma Apartment project must be approved by
12 City Council.
13 13. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
14 by the Planning Director prior to final map approval. Prior to issuance of a building
, 5 permit, the 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
16 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 of, or in which the City has an interest.
19
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
20 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
21 transmitted to City within 30 days for the official record.
22 c. Failure of Association to Maintain Common Area Lots and Easements. In the
23 event that the Association fails to maintain the "Common Area Lots and/or the
Association's Easements" as provided in Article , Section
24 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 Association, with a copy thereof to the Owners in the Project,
26 setting forth with 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
27 (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's98zo Easements within the period specified by the City's notice, the City shall be
PC RESO NO. 6225 -6-
entitled to cause such work to be completed and shall be entitled to
2 reimbursement with respect thereto from the 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
4 Easements, the City shall submit a written invoice to the Association for all costs
c- 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
6 each Owner in the 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
9 within the period specified, 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
10 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 rights and remedies available to
12 the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
13 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
14 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
16 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 unit1 o *• *10 owner landscape maintenance responsibilities shall include all exterior
19 hardscape and landscape areas as well as walls and open iron rail fencing.
20 14. The project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall not be less than 31 days. The CC&Rs for the project shall include this
requirement.
23 15. This project is being approved as an airspace condominium. There will be no
individual ownership of land. A note to this effect shall be placed on the Final Map
24 with the exact wording to the satisfaction to the Planning Director.
16. Prior to the issuance of building permits, the Developer shall submit to the Planning
2/r Director 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.
27
17. 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
PC RESO NO. 6225 -7-
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
2 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
3 approval will not be consistent with the General Plan and shall become void.
18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
^ concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
6 Directors of Community Development and Planning.
7 19. 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
be filed in the office of the County Recorder, subject to the satisfaction of the Planning
9 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a(n) Tentative Tract Map and Condominium Permit by
10 Resolutions No. 6225 and 6226 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 conditions or restrictions specified for inclusion in
12 the Notice of Restriction. The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
13 good cause by the Developer or successor in interest.
14 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
16 existing schools, parks, and streets.
17 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.
19 22. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
20 masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal
Code Chapter 21.105. Location of said receptacles shall be approved by the Planning
21 Director. Enclosure shall be of similar colors and/or materials to the project to the
22 satisfaction of the Planning Director.
23 23. Prior to the issuance of the building permit, Developer shall submit evidence to the
satisfaction of the Planning Director, prepared under the supervision of a certified
24 acoustical consultant that the project complies with the requirements of the
Carlsbad Noise Guidelines Manual to ensure that the 60 dB(A) maximum exterior
noise level and 45 dB(A) maximum interior noise level standards are met.
26 24. Prior to issuance of the grading permit, Developer shall submit and obtain Planning
27 Director approval of a Final Landscape and Irrigation Plan showing conformance with the
approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall
2° 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.
PC RESO NO. 6225 -8-
1
2 25. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
3 project's building, improvement, and grading plans.
26. Developer shall plant additional trees on the third tiered section of the wall on the
5 northwesterly and northeasterly slope of the property to the satisfaction of the
Planning Director.
6
Engineering;
7
NOTE:Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed tentative map, must be met prior to approval of a final map, building or
9 grading permit whichever occurs first.
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
for the proposed haul route.
12 28. Prior to issuance of any building permit, Developer shall comply with the requirements of
13 the City's anti-graffiti program for wall treatments if and when such a program is
formally established by the City.
14
29. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the
tentative map and a digital copy of said map (in AutoCAD format, latest version)
16 reflecting the conditions approved by the final decision making body . The reproducible
shall be submitted to the City engineer, reviewed and, if acceptable, signed by the City's
17 project engineer and project planner prior to submittal of the building plans, final map,
improvement or grading plans, whichever occurs first. The digital file copy shall be
submitted in a format as approved by the City Engineer.
19 30. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
20 recorded document, for maintaining the private easements within the subdivision and all
the private improvements: streets, sidewalks, street lights, and storm drain facilities,
21 Storm Water Pollutant Filters (CDS Unit) located therein and to distribute the costs of
22 such maintenance in an equitable manner among the owners of the properties within the
subdivision.
23
31. Developer shall install sight distance corridors (see below for types) at all street
24 intersections in accordance with Engineering Standards and shall record the following
statement on the Final Map (and in the CC&R's).
26 Type II
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
27 permitted on the subject property along or east of the line designated as the sight
line located at the project entrance, looking north onto Romeria Street. No
2° obstructions shall impede nor conflict with the line-of-sight which is established per
City Standard Public Street-Design Criteria, Section 8.B.3 The 275' sight line is
PC RESO NO. 6225 -9-
1 depicted on the tentative map. The underlying property owner shall maintain this
2 condition."
3 The limits of these sight distance corridors shall be reflected on any improvement,
grading, or landscape plan prepared in association with this development.
5 Fees/Agreements
6 32. Developer shall execute and record a City standard Water Quality (BMP) Facility
Maintenance Agreement prior to the approval of grading, building permit or final
7 map whichever comes first for this Project.
8 33. Prior to approval of any grading or building permits for this project, Developer shall
9 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
10 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
on a form provided by the City Engineer.
12 Grading
13
34. Prior to the issuance of a grading permit or building permit, whichever occurs first,
14 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.
16 35. 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
17 obtain a grading permit from the City Engineer prior to the approval of the Final Map for
the project.18
i n 36. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the
City Engineer. The plan shall clearly show all the geology as exposed by the grading
20 operation, all geologic corrective measures as actually constructed and must be based on a
contour map which represents both the pre and post site grading. The plan shall be signed
21 by both the soils engineer and the engineering geologist, and shall be submitted on a 24"
x 36" mylar or similar drafting film format suitable for a permanent record.
23 Dedications/Improvements
24 37. Additional drainage easements and or improvements to existing facilities on Gibralter
Street may be required. Developer shall dedicate and provide or install drainage
structures, as may be required by the City Engineer, prior to or concurrent with any
2g grading or building permit.
27 38. Developer shall provide the design of all private streets and drainage systems to the
satisfaction of the City Engineer. The structural section of all private streets shall conform
28 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
PC RESO NO. 6225 -10-
plancheck and inspection fees.
2
39. Developer shall execute and record a City standard Subdivision Improvement Agreement
3 to install and secure with appropriate security as provided by law, public improvements
shown on the tentative map and site plan and the following improvements including, but
4 not limited to paving, base, signing & striping, sidewalks, curbs and gutters, medians,
c grading, relocation of utilities, sewer, water, fire hydrants, street lights, and retaining
walls, to City Standards to the satisfaction of the City Engineer. The improvements are:
6
a) On-site improvements as shown on the Tentative Map.
b) Sewer facilities as directed by Leucadia Wastewater District.
c) Drainage facilities including but not limited to Storm Ceptor (or approved
equal)Filter and curb outlet as shown on the tentative map.
d) Repair and replacement of curb, gutter & sidewalk along the frontage of this
project ofRomeria Street and Gibraltar Street.
10 e) Improvement or modification of storm drain inlet on Gibraltar Street (if
required by an approved hydrology study),
f) Proposed Street Light on Gibraltar Street as shown on the Tentative Map.
12 40. Developer shall comply with the City's requirements of the National Pollutant Discharge
13 Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the "California Storm Water Best
14 Management Practices Handbook" to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
, r limited to notifying prospective owners and tenants of the following:
17 A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
19 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
20 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
21 or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
24 C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
25
41. 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
27 (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
28 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
PC RESO NO. 6225 -11-
the project. At a minimum, the SWPPP shall:
2
a. include all content as established by the California Regional Water Quality
3 Control Board requirements;
b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
c c. recommend source control and treatment control Best Management Practices
(BMPs) that will be implemented with this project to avoid contact or filter said
6 pollutants from storm water to the maximum extent practicable before discharging
to City right-of-way or natural drainage course; and
7 d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
9
42. Prior to the issuance of grading permit or building permit, whichever occurs first,
10 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
11 Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
, 2 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
13 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
14
a. identify existing and post-development on-site pollutants-of-concern;
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
17 this project to avoid contact or filter said pollutants from storm water to the
maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
, g considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education
on the proper procedures for handling clean up and disposal of pollutants;
20 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. identify how post-development runoff rates and velocities from the site will not
21 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
23 43. Prior to occupancy, Developer shall reconstruct or replace sidewalks, curb & gutter and
corner access ramp along all public streets abutting the Subdivision (if found to be
24 damaged by development) in conformance with City of Carlsbad Standards.
Final Map Notes
26 44. Developer shall show on Final Map the net developable acres for this condominium
27 project..
28 45. Note(s) to the following effect(s) shall be placed on the map as non-mapping data
PC RESO NO. 6225 -12-
A. All improvements are privately owned and are to be privately maintained with the
2 exception of the following:
3 1. Street improvements along and within the public right of way of
Gibraltar Street and Romeria Street, excluding the privately owned and
4 privately maintained StormCeptor (or approved equal) filter unit and
c outlet.
5 2. Sewer and water or fire service laterals as designated by the appropriate
sewer or water district.
7
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.
9 C. Geotechnical Caution:
10
1. Slopes steeper than two parts horizontal to one part vertical exist within
11 the boundaries of this subdivision.
12 2. The owner of this property on behalf of itself and all of its successors in
13 interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground
14 water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above
17 the street level may be placed or permitted to encroach within the area identified
as sight distance corridors.
18
Water
2Q 46. 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,
21 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
22 satisfaction of the District Engineer.
23 47. The Developer shall design and construct public facilities within public right-of-way or
24 within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
25 maintenance, access and/or joint utility purposes.
26 48. 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
2' Authority capacity charge(s) prior to issuance of Building Permits.
28
PC RESO NO. 6225 -13-
49. The Developer shall install potable water and meters at a location approved by the
2 District Engineer. The locations of said services shall be reflected on public improvement
plans.
3
50. The Developer shall provide separate potable water meters for each separately owned
4 unit.
51. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the District Engineer has
determined that adequate water and sewer facilities are available at the time of
7 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.
8 52. Prior to Final Map approval or issuance of building permits, whichever is first, the entire
potable water, recycled water, and sewer system shall be evaluated in detail to ensure that
adequate capacity, pressure, and flow demands can be met to the satisfaction of the
, Q District Engineer.
53. Prior to Final Map approval, Developer shall install a total of 10 water meters for the
project. Developer shall install 9 potable water meters for residential use and 1 irrigation
meter to irrigate the common areas maintained by the Homeowner's Association.
13 54. The Developer shall meet with and obtain approval from the (Leucadia Wastewater
District regarding sewer infrastructure available or required to serve this project.
15 Code Reminders
16 55. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
17
,„ A. The tentative map shall expire twenty-four (24) months from the date this
tentative map approval becomes final.
19
B. Developer shall exercise special care during the construction phase of this project
20 to prevent offsite siltation. Planting and erosion control shall be provided in
accordance with Carlsbad Municipal Code Chapter 15.16.
22 56. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
23
24 NOTICE
25
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
26 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
2g 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
PC RESO NO. 6225 -14-
66020(a), and file the protest and any other required information with the City Manager for
2 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
3 annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
8 PASSED, APPROVED, AND ADOPTED at a regular meeting, of the Planning
9 Commission of the City of Carlsbad, California, held on the 3rd day of January, 2007, by the
10
following vote, to wit:
11
AYES: Chairperson Montgomery, Commissioners Baker, Cardosa,
Dominguez, Douglas, Segall, and Whitton
13
NOES:
14
ABSENT:15
16 ABSTAIN:
17
18
19
20 MARTELL B. MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
21 "
22 ATTEST:
23
24
DONNEU
25 Assistant Planning Director
26
27
28
PC RESO NO. 6225 -15-