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HomeMy WebLinkAbout2007-04-04; Planning Commission; Resolution 6268PLANNING COMMISSION RESOLUTION NO. 6268 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 06-06 TO SUBDIVIDE 13.8 ACRES 3 INTO 43 RESIDENTIAL LOTS, 3 PRIVATE DRIVEWAY LOTS, 2 OPEN SPACE LOTS AND I PRIVATE RECREATION 4 LOT ON PROPERTY GENERALLY LOCATED WITHIN THE 5 VILLAGES OF LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7, EAST OF RANCHO SANTA FE ROAD AT THE 6 TERMINUS OF AVENIDA SOLEDAD IN LOCAL FACILITIES MANAGEMENT ZONE 11. 7 CASE NAME: VILLAGES OF LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7 8 CASE NO.: CT 06-06 9 WHEREAS, Morrow Development, "Developer," has filed a verified 10 application with the City of Carlsbad regarding property owned by Real Estate Collateral 12 Management Company, "Owner," described as 13 Lot 206 of the City of Carlsbad Tract CT 99-04-03, Villages of La Costa - La Costa Oaks North in the City of Carlsbad, 14 County of San Diego, State of California, According to Map No. 15318 filed in the Office of the San Diego County Recorder on April 18, 2006 as File No. 2006-0271049 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract18 j g Map as shown on Exhibits "A" - "R" dated April 4, 2007, on file in the Planning Department 20 VILLAGES OF LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7 - CT 06-06, as 21 provided by Chapter 20,12 of the Carlsbad Municipal Code; and 2 WHEREAS, the Planning Commission did, on the 4th day of April, 2007, hold a 23 duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES VILLAGES OF LA COSTA OAKS NORTH, NEIGHBORHOOD 3.7 - CT 06-06, based on the following findings and subject to the following conditions: Findings: 6 1. That the proposed map and the proposed design and improvement of the subdivision as 7 conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State ° Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 regarding lot sizes and configuration and have been designed to comply with all other applicable 10 regulations including the Villages of La Costa Master Plan. 11 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single-family residential development or as open space on the General Plan, in that the site has a General Plan Land Use designation of RM (Residential Medium Density) and OS (Open Space). 14 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 15 proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Villages of La Costa Master Plan. 17 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 19 that prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act), 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or 23 natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with adequate separation to 24 provide residents with adequate air circulation within and surrounding any future ~, residential units. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 27 against the public service needs of the City and available fiscal and environmental resources. 28 PC RESO NO. 6268 -2- That the design of the subdivision and improvements are not likely to cause substantial 2 environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is not within a preserve area of the Habitat 3 Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in 4 Final Program EIR 98 -07. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality 7 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 8 System (NPDES) requirements. 9 10. The Planning Commission finds that the project, as conditioned herein, is in 10 conformance with the Elements of the City's General Plan and the Villages of La Costa Master Plan based on the facts set forth in the staff report dated April 4, 2007 including, 11 but not limited to the following: a. Land Use - The General Plan Land Use designation for Neighborhood 3.7 is RM ,~ (Residential Medium Density). The RM designation allows single family residential development at a density range of 4-8 dwelling units per acre. The 14 density in Neighborhood 3.7 is 3.12 dwelling units per acre with 43 units proposed. The Villages of La Costa Master Plan limits the maximum number of 15 dwelling units for each neighborhood. The density calculations for the Villages of La Costa Master Plan were based on the whole Master Plan area. The units were then distributed among the neighborhoods and the description of each 17 neighborhood contains the maximum allowable units. The maximum number of dwelling units for Neighborhood 3.7 is 45 units and is not being exceeded by this 18 project. The Villages of La Costa Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies. This project is in conformance with the Master Plan and therefore is also in compliance with the ,,„ General Plan Land Use Element. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master 22 Plan. The developer is required to construct affordable housing units consistent with the First Amended and Restated Affordable Housing Agreement (dated 23 2/21/03) approved for the Villages of La Costa. The Greens Affordable Apartment Project has been constructed and occupied, and the Oaks Affordable Apartment project has been approved and construction is ongoing. Those 25 projects satisfy the inclusionary housing requirements for this project. 26 c. Open Space and Conservation - The Open Space Preserve Areas are identified in the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR 98-07, and Villages of La Costa Master Plan. The project will not impact the ~o designated open space and will provide Master Plan trails and trail connections to the adjacent neighborhoods as identified in the Master Plan. PC RESO NO. 6268 -3- J Noise - Pursuant to the recommendations of a project specific noise study 2 prepared for the Tentative Map, the project has been conditioned to require an interior noise assessment to determine proper architectural treatments (i.e., 3 specialized door and window treatments) for all identified lots where the CNEL exceeds 60 dBA at the second story. e. Public Safety - The project includes fire suppression zones, requires fire-resistive construction techniques for selected lots, and fire sprinklers for all proposed 5 homes to reduce fire hazards to an acceptable level. 7 f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan. 9 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 10 Facilities Management Plan for Zone 11 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or 11 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 project will be installed to serve new development prior to or concurrent with need. Specifically, 14 a. The project has been conditioned to provide proof from the Encinitas Union Elementary and San Dieguito Unified High School District that the project has ,, satisfied its obligation for school facilities. 17 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 18 19 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. 20 12. The project has been conditioned to pay any increase in public facility fee, or new 21 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 22 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. _ . 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 11. 25 14. That all necessary public facilities required by the Growth Management Ordinance will 26 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 improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 11 Local Facilities Management PC RESO NO. 6268 -4- Plan and the project will comply with the general and special conditions of the zone 2 plan. 3 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La 4 Costa Master Plan. 5 16. The Planning Director has determined that: 6 a. The project is a subsequent activity of the Villages of La Costa Master Plan 7 (MP 98-01) for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of ° the program approved earlier, and that the program EIR adequately describes the „ activity for the purposes of CEQA [15168(c)(2) and (e)]. I o b. This project is consistent with the Master Plan cited above. II c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with the prior plan. j3 d. The project has no new significant environmental effect not analyzed as significant in the prior EIR. 14 e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR ^ under CEQA Guidelines Sections 15162 or 15163 exist. f. All feasible mitigation measures or project alternatives identified in the Villages 17 of La Costa Master Plan EIR 98-07, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 18 17. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed ™ to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 21 Conditions: 22 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or grading permit, whichever occurs first. 24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 26 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 issued under the authority of approvals herein granted; record a notice of violation on the 28 property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6268 -5- conditions or seek damages for their violation. No vested rights are gained by Developer 2 or a successor in interest by the City's approval of this Tentative Tract Map. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 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 c 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 7 regulations in effect at the time of building permit issuance. o 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 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 1 * all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or lg nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's in approval is not validated. 20 6. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 21 making body. 22 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 23 Director from the Encinitas Union Elementary and San Dieguito Unified High School District that this 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 11 Local Facilities Management Plan and any amendments made to 25 that Plan prior to the issuance of building permits. 27 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that 28 adequate water service and sewer facilities, respectively, are available to the project at the PC RESO NO. 6268 -6- time of the application for the building permit, and that water and sewer capacity and 2 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 3 10. The Developer shall implement and comply with all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Villages of La Costa Master Plan - EIR 98-07, as contained in Planning Commission Resolution No. 5010. 6 11. This approval is granted subject to the approval of PUD 06-06 and is subject to all ' conditions contained in Planning Commission Resolutions No. 6269 for those other approvals incorporated herein by reference. 9 12. Developer shall construct the required inclusionary units as stipulated in the Second Amended and Restated Affordable Housing Agreement (dated March 1, 2006) 10 between Real Estate Collateral Management Company and the City of Carlsbad concurrent with the project's market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 13 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 the City's Landscape Manual. Developer shall construct and install all landscaping as , t- shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 16 14. 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.18 ! 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the 20 Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official 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: 23 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 24 of, or in which the City has an interest. 25 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the 26 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 27 within 30 days for the official record. 28 PC RESO NO. 6268 -7- c. Failure of Association to Maintain Common Area Lots and Easements. In the event 2 that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section the 3 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, setting forth with e- particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the 6 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 7 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 Owners as provided herein. 9 Special Assessments Levied by the City. In the event the City has performed the 10 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 the11..11 City to perform such maintenance of the Common Area Lots and or Association's 12 Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in 13 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 14 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, 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 pursue collection from the Association by means of any remedies available at law or 17 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 against the Owners of each Lot in the Project for an equal prorata share of the invoice, , g plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is 20 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 21 all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. 23 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner 24 landscape maintenance responsibilities shall be as set forth in Exhibit 9SZJ f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit 27 g. HCP/OMSP Educational Material: Exhibit describes the importance and sensitivity of the conserved habitat areas and ways to avoid impact to them. 28 PC RESO NO. 6268 -8- h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting 2 within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 3 16. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 6 Local Facilities Management Plan fee for Zone 11, 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 7 approval will not be consistent with the General Plan and shall become void. o 17. Developer shall submit a street name list consistent with the City's street name policy 9 subject to the Planning Director's approval prior to final map approval. 10 18. Prior to the issuance of the grading permit or recordation of the final map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 12 parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and a Planned Unit Development by Resolutions No. 6268 and 6269 on the 13 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 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 good cause by the Developer 16 or successor in interest. 17 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, in 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 20 existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 23 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 24 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. 26 21. Developer shall post a sign in the sales office in a prominent location that discloses which 27 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 28 PC RESO NO. 6268 -9- 22. Prior to the recordation of the first final tract map or the issuance of building permits, 2 whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in 3 a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 4 - 23. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall 6 require review and approval of the Planning Director prior to installation of such signs. 7 24. The required common recreation area, proposed on Lot 47, shall obtain approval and begin construction prior to the occupancy of the first unit and be approved for use prior to the occupancy of 50% of the first units in this neighborhood. 9 25. Street lights for the project shall be selectively placed, shielded, or directed away 10 from conserved habitat areas. The street improvement plans shall provide shielded lights in proximity to habitat preserve areas to minimize light impacts. j2 26. Prior to occupancy of any units within Neighborhood 3.7, temporary or permanent RV storage shall be made available in La Costa Oaks Neighborhood 3.2. 13 27. All landscaping and grading within the SDG&E transmission easement shall meet 14 the approval of SDG&E. Fire Department 16 28. All "Private" drives shall be recorded as Fire Lanes and subject to all conditions 17 and restrictions provided by current adopted codes and ordinances. 18 Trails 19 29. Developer shall pay for and construct the public trail improvements in accordance 20 with the approved final grading plans. The City is working to obtain permission from SDG&E for the installation of the public trail within the SDG&E right of way. 21 In the event that SDG&E approval is not obtained on or before December 31, 2007, the developer may, in lieu of construction of the improvements, post a cash deposit in an amount equal to an engineer's estimate of costs to construct the trail within the 23 easement, per the approved final grading plans. 24 30. Developer shall submit for a Summary Vacation of the duplicate southerly public trail easement just to the north of the subdivision boundary as shown on the 25 Tentative Map. 26 31. Developer shall pay the city standard trail review and inspection fee in conformance 27 with the approved schedule of fees. 28 PC RESO NO. 6268 -10- 32. The Trail Detail, as shown on Sheet 2 of the Tentative Map, shall be revised to show 2 a minimum 12 foot wide trail improvement. 3 Engineering General 33. Prior to hauling dirt or construction materials to or from any proposed construction site 6 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 7 34. 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 9 the private improvements (e.g. private streets, sidewalks, street lights, water quality devices, storm drain facilities, etc.) located therein and to distribute the costs of such 10 maintenance in an equitable manner among the owners of the properties within the subdivision. 11 12 35. There shall be one Final Map recorded for this project. 13 36. Developer shall install corner sight distance corridors at all street intersections and driveways in accordance with City Standards. 14 Fees/Agreements 16 37. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding 17 drainage across the adjacent property. 18 38. Developer shall process a Joint-use Agreement with SDG&E for Avenida Soledad crossing the existing SDG&E easement. 20 39. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the _» subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 23 property into SL&LD #2. 24 40. Developer shall cause property owner to execute a City standard Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent BMP's prior to the issuance of a grading permit or building permit, or the recordation of a final map, whichever occurs first for this Project. 27 41. Developer shall apply for and process an Encroachment Permit for the private enhanced paving and private water quality treatment device located within Avenida PC RESO NO. 6268 -11- Soledad as shown on the Tentative Map. Said Agreement shall be prepared to the 2 satisfaction of the City Engineer. 3 Grading ^ 42. Based upon a review of the proposed grading and the grading quantities shown on the 5 tentative map, a grading permit for this project is required. Developer shall apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. 6 43. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer a 7 receipt of a Notice of Intention from the State Water Resources Control Board. 8 44. Developer shall comply with the City's requirements of the National Pollutant Discharge 9 Elimination System (NPDES) permit and the City's SUSMP. Developer shall provide improvements constructed pursuant to best management practices as referenced in the 10 "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. , 2 Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 13 a. All owners and tenants shall coordinate efforts to establish or work with established 14 disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, 16 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 17 conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State,101 ° County and City requirements as prescribed in their respective containers. , Q c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 20 45. Prior to the issuance of grading permit or building permit, whichever occurs first, 21 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control 23 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 24 the project. 25 46. Prior to the issuance of grading permit or building permit, whichever occurs first, ~s Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 27 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 28 Code. The SWMP shall address measures to avoid contact or filter said pollutants from PC RESO NO. 6268 -12- storm water, to the maximum extent practicable, for the post-construction stage of the 2 project. At a minimum, the SWMP shall: 3 a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies c that could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with 6 this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident education on the proper procedures for handling cleanup and disposal of pollutants. 9 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. f. Identify how post-construction runoff rates and velocities from the site will not 10 exceed the pre-construction runoff rates and velocities to the maximum extent practicable.11 , ~ Dedications/Improvements 13 47. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for the public road and public utility purposes, known as Avenida Soledad as shown on 14 the Tentative Map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 16 48. Additional drainage easements may be required. Developer shall dedicate and provide or 17 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 18 49. 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 20 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 21 plan check and inspection fees. 22 50. Developer shall execute a City standard Subdivision Improvement Agreement to install 23 and secure with appropriate security as provided by law, public improvements shown on the Tentative Map. These improvements include, but are not limited to (paving, base, 24 signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, best management practices for stormwater ~t treatment, retaining walls and reclaimed water). Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these 27 improvements include: 28 a. Public street and public utility improvements to Avenida Soledad as shown on PC RESO NO. 6268 -13- the Tentative Map. 2 b. Guardrail improvements as shown on the Tentative Map c. Public Trail improvements as per the standards provided in Condition No. 29 of 3 this Resolution. 4 A list of the above shall be placed on an additional map sheet on the Final Map per the <- provisions of Sections 66434.2 of the Subdivision Map Act). Improvements listed above shall be constructed within 18 months of approval of the subdivision or development 6 improvement agreement or such other time as provided in said agreement. 7 Final Map Notes o Add the following notes to the final map as non-mapping data. 9 51. All improvements are privately owned and are to be privately maintained with the 10 exception of the following: a. Public Road and Public Utility Improvements along Avenida Soledad , ^ 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. 13 c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of 14 Carlsbad Engineering Standards. 15 Utilities 16 52. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 17 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project.18 in 53. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 20 54. The Developer shall design landscape and irrigation plans utilizing recycled water as a 21 source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 23 55. Recycled water improvements, as shown on the Tentative Map, shall be designed and constructed to the satisfaction of the District Engineer. 24 56. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding the sewer and water infrastructure available or required to serve this project. 9 f\Code Reminders 27 The project is subject to all applicable provisions of local ordinances, including but not limited to 2° the following: PC RESO NO. 6268 -14- 1 2 57. The tentative map shall expire two years from the date on which the Planning Commission voted on the application. 3 58. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and f- sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 6 59. Developer shall pay a landscape plancheck and inspection fee as required by Section 7 20.08.050 of the Carlsbad Municipal Code. o 60. Approval of this request shall not excuse compliance with all applicable sections of the 9 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 10 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 11 Code Section 18.04.320. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6268 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE 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 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 4th day of April, 2007, by the following vote, to wit: AYES:Chairperson Baker, Commissioners Dominguez, Douglas, Montgomery, Segall and Whitton NOES: ABSENT: Commissioner Cardosa ABSTAIN: JULIE BA CARLSBA ATTEST: airperson ING COMMISSION DON NEU Planning Director PC RESO NO. 6268 -16-