HomeMy WebLinkAbout2007-02-07; Planning Commission; Resolution 62431 PLANNING COMMISSION RESOLUTION NO. 6243
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A SITE DEVELOPMENT PLAN TO ALLOW
4 FOR THE CONSTRUCTION OF AN AFFORDABLE HOUSING
5 PROJECT CONSISTING OF 78 APARTMENT UNITS AND
ONE LEASING OFFICE LOCATED WITHIN PLANNING
6 AREA 15 OF THE ROBERTSON RANCH MASTER PLAN
LOCATED NORTH OF CANNON ROAD, EAST OF FUTURE
7 WIND TRAIL WAY, AND SOUTH OF FUTURE GLEN
AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 14.
8 CASE NAME: ROBERTSON RANCH PA 15 - GLEN
9 RIDGE
CASE NO.: SDP 06-04
10
WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified
j2 application with the City of Carlsbad regarding property described as
13 Lot 1 of Carlsbad Tentative Tract Map CT 02-16, being more
particularly described in Attachment "A"
14
("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Site Development
17 Plan as shown on Exhibits "A" - "FF" dated February 7, 2007, on file in the Planning
18 Department, ROBERTSON RANCH PA 15 - GLEN RIDGE - SDP 06-04 as provided by
19 Chapter 21.06/Section 21.53.120 of the Carlsbad Municipal Code; and
20
WHEREAS, the Planning Commission did, on the 7th day of February, 2007,
21
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 all persons desiring to be heard, said Commission considered all factors
9«relating to the Site Development Plan.
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 Planning
2 Commission RECOMMENDS APPROVAL of ROBERTSON RANCH
PA 15 - GLEN RIDGE - SDP 06-04 based on the following findings and
3 subject to the following conditions:
4 Findings;
5 1. The Planning Director has determined that:
6
a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan
(MP 02-03) 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
9 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
10 b. this project is consistent with the Master Plan cited above; and
c. the Robertson Ranch Master Plan Program EIR 03-03 was certified in
12 connection with the prior plan; and
13 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and14
1 r e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
16
f. all feasible mitigation measures or project alternatives identified in the Robertson
Ranch Master Plan Program EIR 03-03, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.
lo
2. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
20 not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the proposed 78-unit affordable housing project is
consistent with the Residential High Density (RH) General Plan Land Use
designation and density allowed by the Robertson Ranch Master Plan and will
23 satisfy the affordable housing requirements of the East Village. The project is
consistent with the requirements of the Robertson Ranch Master Plan and is
24 consistent with all City policies and development standards, with the exception of an
18% reduction in the required amount of parking for which findings can be made
25 for approval. The City Council approved the Master Plan, and in doing so, made
26 the finding that the Master Plan implements the General Plan and is consistent with
the goals, policies and objectives of the General Plan.
27
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
28 that the project complies with all City policies and standards including the RD-M
PC RESO NO. 6243 -2-
Zone and the standards and design criteria established by the Robertson Ranch
2 Master Plan.
3 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
4 provided and maintained, in that the project is consistent with the design criteria of the
Robertson Ranch Master Plan in that all setbacks have been provided, an additional
10' landscape buffer is provided along Glen Avenue for a total landscape buffer
5 width of 30' from face of curb, landscaping has been integrated throughout the site,
and the required community recreation facilities are integrated into the plan.
7
5. That the street systems serving the proposed use is adequate to properly handle all traffic
8 generated by the proposed use, in that the surrounding public streets will be improved
to their full-width improvements, including curbs, gutters, and sidewalks; and that
the analysis included in the Program EIR for Robertson Ranch demonstrates that
10 the proposed streets will be adequate to accommodate the traffic generated by this
project.
11
6. That the requested 18% reduction in the required number of parking spaces
12 (31 spaces) will not have a detrimental effect on public health, safety and welfare in
that a strict adherence to the parking standards for an affordable housing project
would result in an over-abundance of parking as demonstrated by the parking
14 analysis included in the staff report and the reduced parking requirement will allow
for additional landscape and recreation features which will benefit the residents.
15
7. That the project is consistent with the Housing Element of the General Plan and the
16 Inclusionary Housing Ordinance as the developer has been conditioned to enter into
an Affordable Housing Agreement to provide and deed restrict 78 dwelling units as
affordable to lower-income households.
18 8. The project has been conditioned to pay any increase in public facility fee, or new
19 construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
20 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.
22 9. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and Robertson Ranch
23 Master Plan based on the facts set forth in the staff report dated February 7, 2007
including, but not limited to the following:
24
a. Land Use - The project is consistent with the City's General Plan since the
proposed density of 22.8 du/ac, is within the density range of 15-23 du/ac for the
26 Residential High Density (RH) General Plan Land Use designation as
indicated on the Land Use Element of the General Plan, and provides a
27 minimum density of 20 du/ac as required by the Master Plan, and does not
exceed the number of units (78 units) permitted in PA 15 by the Robertson
28 Ranch Master Plan.
PC RESO NO. 6243 -3-
b. Housing - The project is consistent with the Housing Element of the General
2 Plan, the Inclusionary Housing Ordinance, and the Robertson Ranch Master
Plan as the developer is required to construct affordable housing units
3 consistent with the draft Affordable Housing Agreement for the East Village
of Robertson Ranch. The Glen Ridge affordable housing apartment project
will be constructed with 78 affordable units, with 70 of those units required
to satisfy the Inclusionary Housing requirements for the East Village of the
Robertson Ranch Master Plan, and 8 units allowed to be used as affordable
6 housing credits for other projects in the Northeast Quadrant, subject to the
approval of the City Council.
7
c. Open Space and Conservation - The project will conform to all NPDES
requirements and Utilize Best Management Practices for control of storm
9 water and to protect water quality.
10 d. Public Safety - The project includes two points of access and sprinklered
buildings to reduce fire hazards to an acceptable level.
12 e. Circulation - The circulation system is designed to provide adequate access to
the proposed apartments and all necessary public street improvements will
13 be constructed with the previously approved Carlsbad Tract CT 02-16.
f. Noise - The project is designed to comply with the 60 dBA CNEL exterior
noise standard and is conditioned to comply with the 45 dBA CNEL interior
noise standard.
16
10. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
17 Facilities Management Plan for Zone 14 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
facilities; libraries; government administrative facilities; and open space, related to the
20 project will be installed to serve new development prior to or concurrent with need.
Specifically,
21
a. the project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
23
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and has
24 been satisfied by the dedication of parkland within PA 12 of the Robertson
Ranch Master Plan.
26 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.
27
11. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 14.
PC RESO NO. 6243 -4-
12. That all necessary public facilities required by the Growth Management Ordinance will
2 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that
3 improvements necessary to maintain compliance with the Growth Management
performance standards are contained in the Zone 14 Local Facilities Management
4 Plan and the project is conditioned to comply with the general and special
«- conditions of the zone plan.
6 13. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Robertson Ranch
7 Master Plan.
14. The Planning Commission has reviewed each of the exactions imposed on the Developer
9 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
10 degree of the exaction is in rough proportionality to the impact caused by the project.
11 Conditions;
12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
13 building or grading permit, whichever occurs first.
14 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
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
17 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 Site Development Plan.
20 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Plan documents, as necessary to make them internally
21 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.
23
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
24 regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
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
27 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
28 all requirements of law.
PC RESO NO. 6243 -5-
5. Developer shall implement, or cause the implementation of, the Robertson Ranch
2 Master Plan Program EIR 03-03 Project Mitigation Monitoring and Reporting
Program.
3
6. 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
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 Site Development Plan,
(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
9 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
10 approval is not validated.
7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
12 the Site Plan reflecting the conditions approved by the final decision-making body.
13 8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
16 Director from the School District that this project has satisfied its obligation to provide
school facilities.
17
10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 14 Local Facilities Management Plan and any amendments made to
19 that Plan prior to the issuance of building permits
20 11. 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
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
facilities will continue to be available until the time of occupancy.
23
12. This approval shall become null and void if building permits are not issued for this
24 project within 18 months from the date of project approval.
25 13. Prior to issuance of a building permit, the Final Map for CT 02-16 shall be
26 approved and recorded.
27 14. Architectural features needed to achieve the interior noise standard of 45 dBA
CNEL shall be noted on the building plans. A statement certifying that the required
architectural features have been incorporated into the building plans, signed by a
PC RESO NO. 6243 -6-
qualified acoustical consultant, shall be located on the building plans. The architect
2 shall also include his registration stamp in addition to the required signature.
3 15. Prior to the issuance of building permits for any units, the Developer shall enter into an
Affordable Housing Agreement with the City to provide and deed restrict 78 dwelling
^ units as affordable to lower-income 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 Agreement shall be submitted to the Planning Director no later
6 than 60 days prior to the request to final the map for CT 02-16. The recorded Affordable
Housing Agreement shall be binding on all future owners and successors in interest.
7
16. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
9 Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
10
17. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
j2 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
13 condition, free from weeds, trash, and debris.
14 18. 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
project's building, improvement, and grading plans.
16
19. The Secondary Community Entry features located on the northeast and northwest
17 corner of Cannon Road and future Wind Trail Way, as shown on Exhibit "CC"
shall be installed prior to occupancy of the first unit.18
J9 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
20 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
21 Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
,._ taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
23
21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
24 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
Directors of Community Development and Planning.
26 22. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
27 passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
28
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23. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
2 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed hi the office of the County Recorder, subject to the satisfaction of the Planning
3 Director, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Plan by Resolution No. 6243 on the property.
Said Notice of Restriction shall note the property description, location of the file
c containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
6 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
7 or successor in interest.
24. Prior to the issuance of building permits, whichever occurs first, the Developer shall
9 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
10 Planning Director and the City Attorney (see Noise Form #1 on file in the Planning
Department).
25. Prior to the issuance of building permits, whichever occurs first, the Developer shall
prepare and record a Notice that this property is subject to overflight, sight and sound of
13 aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the
Planning Director and the City Attorney (see Noise Form #2 on file in the Planning
14 Department).
26. Developer shall post aircraft noise notification signs in all sales and/or rental offices
15 associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
17 Department).
180 27. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
i n 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
20 Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
21
28. The management company shall ensure that there is no outdoor storage of
household goods, sports equipment, etc. on balconies and patios except for
23 barbeques, outdoor tables and chairs, or similar types of furniture commonly found
on patios.
24
29. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including parking areas. All lighting shall be designed to reflect downward and avoid any
impacts on adjacent homes or property.
27 30. Developer shall construct, install, and stripe not less than 142 parking spaces, as shown
on Exhibit "F". Signs shall be posted in the tuck-under parking spaces indicating
that they are reserved for residents only.
PC RESO NO. 6243 -8-
31. Bicycle storage lockers shall be provided for the use of the residents as shown on the
2 architectural plans.
3 32. The Planning Director shall review the adequacy of parking up to thirty-six (36)
months after the final Certificate of Occupancy has been issued for the Glen Ridge
affordable housing project and, if necessary, recommend a modification to the Site
c Development Plan. The Planning Commission shall retain jurisdiction to review
any recommended modifications of the Site Development Plan to enhance on-site
6 parking.
7 Engineering
o
33. Prior to hauling dirt or construction materials to or from any proposed construction site
q within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
10
34. Developer shall submit to the City Engineer, a reproducible 24" x 36", mylar copy of the
Site Plan, Preliminary Grading Plans, Preliminary Utility Plan, and Preliminary
Horizontal Control Plan reflecting the conditions approved by the final decision making
body. The reproducible shall be submitted to the City engineer, reviewed and, if
13 acceptable, signed by the City's project engineer and project planner prior to submittal of
the building plans, final map, improvement or grading plans, whichever occurs first.
14
35. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document, for maintaining the shared private facilities within the project
including but not limited to: private driveways, curbs, gutter, sidewalks and private storm
drain all located therein and to distribute the costs of such maintenance in an equitable
17 manner among the property owner of this project and Planning Area 21.
36. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
recorded document that provides reciprocal pedestrian and vehicular access between this
project and Planning Area 21.
20
Fees/Agreements
21
37. Developer shall cause property owner to apply for and obtain reapportionment of the
assessments imposed on the subject project in accordance with law governing the
23 associated College Blvd and Cannon Road-East Assessment District (AD 2003-01), or
the assessments must be paid in full. Developer shall pay all associated costs of said
24 reapportionment. The application shall be submitted to the City Engineer with the
application for the grading plan.
25
38. Developer shall cause the Property Owner to execute an Encroachment Permit for private
enhanced paving located within public utility easements shown on the Site Plan all to the
27 satisfaction of the City Engineer.
28
PC RESO NO. 6243 -9-
Grading
2
39. Based upon a review of the proposed grading and the grading quantities shown on the
3 Site Plan, 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.
Dedications/Improvements
6
40. Developer agrees that prior to building permit issuance, the Master Tentative Map
7 improvements that serve this property as described in Planning Commission Resolution
No. 6110 (Cannon Road, 84" storm drain, Street A, Street B, potable water, sanitary
sewer, recycled water, etc.) shall be constructed or substantially completed to the
9 satisfaction of the City Engineer.
10 41. Developer shall cause Property Owner to dedicate to the City all public streets and other
easements shown on the Site Plan. The offer shall be made by a certificate by separate
recorded document. All land so offered shall be offered free and clear of all liens and
encumbrances and without cost. Streets that already public are not required to be
rededicated.
13
42. Developer shall cause Property Owner to dedicate public pedestrian access easements
14 where meandering sidewalks extend outside of the proposed or existing right-of-way to
the satisfaction of the City Engineer.
43. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
17 with any grading or building permit.
44. Developer shall provide the design of all private driveways and private drainage systems
to the satisfaction of the City Engineer. The structural section of all private drives shall
conform to City of Carlsbad Standards based on R-value tests. All private drives and
20 private drainage systems shall be inspected by the City. Developer shall pay the standard
improvement plancheck and inspection fees.
21
45. Developer shall design the structural section for the access aisles using a traffic index of
5.0 in accordance with City Standards due to truck access through the parking area
23 subject to approval by the City Engineer. Prior to placement, the structural pavement
design of the drive aisles shall be verified by submitting the required R-value soil test
24 information subject to approval by the City Engineer.
46. 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 Site Plan and the following improvements including, but not limited to
27 paving, base, signing & striping, sidewalks, curbs and gutters, median improvements,
grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water,
28 fire hydrants, street lights, retaining walls and reclaimed water all constructed to City
Standards to the satisfaction of the City Engineer. The improvements are:
PC RESO NO. 6243 -10-
1
2 a. Potable Waterline as shown on the Site Plan,
b. Sanitary Sewer as shown on the Site Plan.
3
Improvements listed above shall be constructed within 18 months of approval of the
development improvement agreement or such other time as provided in said agreement.
47. Developer shall complete all East Village improvements more fully described in the
6 Robertson Ranch EIR and Master Plan.
7 48. 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
9 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
10 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:
a- All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
13 hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
14 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
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
17 containers.
c. Best Management Practices shall be used to eliminate or reduce surface pollutants
° when planning any changes to the landscaping and surface improvements.
19 49. Prior to the issuance of grading permit or building permit, whichever occurs first,
20 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
(SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
21 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
23 the project. At a minimum, the SWPPP shall:
24 a. include all content as established by the California Regional Water Quality
Control Board requirements;
b. include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
c. recommend source control and treatment control Best Management Practices
27 (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
28 to City right-of-way or natural drainage course; and
PC RESO NO. 6243 -11-
d. establish specific procedures for handling spills and routine clean up. Special
2 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
3
50. Prior to the issuance of grading permit or building permit, whichever occurs first,
4 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
e The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of
6 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
7 storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:o
9 a. identify existing and post-development on-site pollutants-of-concern;
b. identify the hydrologic unit this project contributes to and impaired water bodies
10 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
12 maximum extent practicable before discharging to City right-of-way;
d. establish specific procedures for handling spills and routine clean up. Special
13 considerations and effort shall be applied to resident education on the proper
procedures for handling clean up and disposal of pollutants;
14 e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
f. Provide hydraulic/hydrologic calculations to verify that numeric sizing criteria is
met for filtration/treatment of the site.
16 g. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum extent
17 practicable.
18 Water
19 51. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
20 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
21 considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
23 52. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-feet wide easements granted to the District or the City of Carlsbad.
24 At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
25
53. 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
27 Authority capacity charge(s) prior to issuance of Building Permits.
28 54. 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.
PC RESO NO. 6243 -12-
55. The Developer shall install potable water and/or recycled water services and meters at
2 locations approved by the District Engineer. The locations of said service shall be
reflected on public improvement plans.
3
56. The Developer shall install sewer laterals and clean-outs at a location approved by the
4 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
x- 57. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan to the satisfaction of the District
7 Engineer. Proposed public facilities shall be shown on public improvement plans.
8
Fire;
9
58. If the private road improvements for the secondary access through PA 21 have not
10 been installed prior to occupancy of the first unit within the Glen Ridge Affordable
,1 Housing Project, then the developer shall install a temporary all-weather access
road through PA 21 to the satisfaction of the Fire Department.
12
Code Reminders;
13
59. Developer shall pay a landscape plancheck and inspection fee as required by Section
14 20.08.050 of the Carlsbad Municipal Code.
15 60. Approval of this request shall not excuse compliance with all applicable sections of the
16 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
17
18 61. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
19
62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
20 Code Section 18.04.320.
21 63. Any signs proposed for this development shall at a minimum be designed in conformance
22 with the City's Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
23
64. Developer shall exercise special care during the construction phase of this project to
24 prevent offsite siltation. Planting and erosion control shall be provided in accordance
ry,. with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
of the City Engineer.
26
65. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
27 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.
PC RESO NO. 6243 -13-
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NOTICE
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."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 7th day of February 2007, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Baker, Commissioners Cardosa, Douglas
Montgomery, Segall and Whitton
Commissioner Dominguez
JULIE BA
CARLSBA
ATTEST:
airperson
:NNING COMMISSION
DON NEU
Assistant Planning Director
PC RESO NO. 6243 -14-
Attachment "A"
ROBERTSON RANCH
PLANNING AREA 15
LEGAL DESCRIPTION
A PORTION PARCEL 1 OF CERTIFICATE OF COMPLIANCE, FILED IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
RECORDED NOVEMBER 28, 2001 AS INSTRUMENT NO. 2001-0865064 OF
OFFICIAL RECORDS MORE PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 2 OF PARCEL MAP
NO. 19804, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 3, 2005 AS INSTRUMENT NO. 2005-0659805
OF OFFICIAL RECORDS, SAID CORNER ALSO BEING ON THE SOUTHERLY
SIDELINE OF CANNON ROAD, THENCE LEAVING SAID POINT OF
BEGINNING NORTH 08°26'47" WEST, 51.00 FEET; THENCE SOUTH
81°33'13"WEST, 313.18 FEET TO THE BEGINNING OF A TANGENT 1400
FOOT RADIUS CURVE CONCAVE SOUTHERLY, THENCE ALONG SAID
CURVE AN ARC DISTANCE OF 80.62 FEET THROUGH A CENTRAL ANGLE
OF 03°17'58" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
TRUE POINT OF BEGINNING AND CONTINUING ALONG SAID 1400 FOOT
RADIUS CURVE AN ARC DISTANCE OF 351.32 FEET THROUGH A
CENTRAL ANGLE OF 14°22'40"; THENCE NORTH 25°49'42" WEST, 109.05
FEET TO THE BEGINNING OF A TANGENT 550 FOOT RADIUS CURVE
CONCAVE EASTERLY; THENCE ALONG SAID CURVE AN ARC DISTANCE
OF 13.85 FEET THROUGH A CENTRAL ANGLE OF 01°26'34"; THENCE
LEAVING SAID CURVE SOUTH 65°36'52" WEST, 44.00 FEET; THENCE
NORTH 04°56'41" WEST, 354.82 FEET; THENCE SOUTH 83°43'25" EAST,
30.00 FEET; THENCE NORTH 06°16'35" EAST, 64.01 FEET TO THE
BEGINNING OF A TANGENT 300 FOOT RADIUS CURVE CONCAVE
WESTERLY; THENCE ALONG SAID CURVE AN ARC DISTANCE OF 60.71
FEET THROUGH A CENTRAL ANGLE OF 11 °35'39"; THENCE NORTH
81°39'08" EAST, 337.52 FEET; THENCE SOUTH 08°20'52" EAST, 245.88
FEET; THENCE SOUTH 08°26'47" EAST, 54.00 FEET; THENCE SOUTH
11°44'01 EAST, 179.60 FEET TO THE TRUE POINT OF BEGINNING.
F:\CURRENT PROJECT LIST\Meadowlark\pa 15 LEGAL DESCRIPTION.doc