HomeMy WebLinkAbout2007-11-07; Planning Commission; Resolution 62701 PLANNING COMMISSION RESOLUTION NO. 6270
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO CONSTRUCT
4 A PROFESSIONAL CARE FACILITY WITH 86 INDIVIDUAL
OWNERSHIP CONDOMINIUM UNITS, AN 11-ROOM
5 ASSISTED CARE UNIT, BASEMENT PARKING GARAGE,
6 AND COMMON DINING AND RECREATION ROOMS ON A
PREVIOUSLY GRADED 2.5-ACRE PROPERTY GENERALLY
7 LOCATED IN PLANNING AREA 15 OF THE BRESSI RANCH
MASTER PLAN NORTH OF PARADISE ROAD, SOUTH OF
8 TOWN GARDEN ROAD, EAST OF COTTAGE DRIVE, AND
9 WEST OF NYGAARD STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
10 CASE NAME: CONTINUING CARE FACILITY BRESSI
RANCH
11 CASE NO.: CT 06-19
12 WHEREAS, Health Care Group Inc., "Developer," has filed a verified
13
application with the City of Carlsbad regarding property owned by Bressi Holding LLC, a
14
California Limited Liability Company, "Owner," described as
16 Lot 2 of Carlsbad Tract CT 03-03, in the City of Carlsbad,
County of San Diego, State of California, according to map
17 thereof No. 14800 on file in the Office of the County Recorder
of San Diego County, May 21,2004
18
("the Property"); and
20 WHEREAS, said verified application constitutes a request for a Tentative Tract
21 Map as shown on Exhibits "A" - "T" dated November 7, 2007, on file in the Planning
22 Department CONTINUING CARE FACILITY BRESSI RANCH CT 06-19, as provided by
23 Chapter 20.12 of the Carlsbad Municipal Code; and
24
WHEREAS, the Planning Commission did, on the 7th day of November, 2007,
2/- hold a duly noticed public hearing as prescribed by law to consider said request; and
27 WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
2
Commission of the City of Carlsbad as follows:
3
A) That the foregoing recitations are true and correct.4
c B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL CT 06-19 - CONTINUING CARE
6 FACILITY BRESSI RANCH, based on the following findings and subject to
the following conditions:
7
Findings;
o
o 1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any
10 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
11 being created satisfy all minimum requirements of Titles 20 and 21 governing lot
9 sizes and configuration and have been designed to comply with all other applicable
regulations.
2. That the proposed project is compatible with the surrounding future land uses since
14 surrounding properties are designated for Residential High Density, Residential
Medium High Density, Local Commercial and Community Facilities uses on the
15 General Plan, in that the project adds another social component to the Bressi Ranch
.,. as a senior's only professional care facility necessary to create a diverse community
and is located specifically to take advantage of the proximity to the Village Square
17 as well as the retail services of the Bressi Ranch Village Center.
18 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
19 proposed, in that the project site can accommodate the proposed development while
2Q complying with applicable development standards including setbacks, lot coverage,
and height as well as public facilities requirements specified in the Bressi Ranch
21 Master Plan and C.M.C. Title 21.
22 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
23 public at large, for access through or use of property within the proposed subdivision, in
24 that concurrent with recordation of the final map, the developer will vacate and
adjust any easements that conflict with proposed development.
25 5. That the property is not subject to a contract entered into pursuant to the Land
26 Conservation Act of 1965 (Williamson Act).
27 6. That the design of the subdivision provides, to the extent feasible, for future passive or
natural heating or cooling opportunities in the subdivision, in that the development is
located where cooling coastal breezes reduce the need for mechanical air-
conditioning, and construction techniques will deliver high insulation values to
PC RESO NO. 6270 -2-
reduce the need for mechanical heating, and landscaping will be installed to provide
2 shade and reduce the temperatures of developed areas.
3 7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
4 habitat, in that the project will implement the required mitigation measures
applicable to this site and contained in the Bressi Ranch Master Plan EIR certified
5 on July 9,2002.
8. That the discharge of waste from the subdivision will not result in violation of existing
7 California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) requirements.
10 9. The Planning Commission finds that the project, as conditioned herein, is in
11 conformance with the Elements of the City's General Plan, and Bressi Ranch Master
Plan based on the facts set forth in the staff report dated November 7, 2007 including,
but not limited to the following: the project will provide professional care services and
. - ownership housing for seniors; up to 200 professional care units were anticipated to
be developed in mixed use Planning Area 15 of the Bressi Ranch Master Plan and
14 the project is a proposal for 86 professional care units and an 11 room assisted care
unit; the development will contribute to the success of a mixed use community.
15
10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 17 and all City public facility policies and
17 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
19 project will be installed to serve new development prior to or concurrent with need.
Specifically:.
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.
22 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and
23 will be collected prior to issuance of building permit.
24 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.
11. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
27 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.
PC RESO NO. 6270 -3-
12. This project has been conditioned to comply with any requirement approved as part of the
2 Local Facilities Management Plan for Zone 17.
3 13. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
4 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 within the Zone 17 LFMP and the project will
comply with the general and special conditions of the zone, and that the necessary
infrastructure to serve the entire Bressi Ranch Master Plan community has already
been constructed.
14. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant
shall record a notice concerning aircraft noise as the project is within the Noise
10 Impact Notification Area. The project is compatible with the projected noise levels of
the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the
11 proposed land use is compatible with the airport, in that no areas of the project are
within the 60 CNEL or greater noise contours for the airport.
.« 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section IB).
14 16. The Planning Director has determined that:
15
a. the project is a subsequent activity of the Bressi Ranch Master Plan, a project
for which a program EIR was prepared, and a notice for the activity has been
1 _ given, which includes statements that this activity is within the scope of the
program approved earlier, and that the program EIR adequately describes the
\ g activity for the purposes of CEQA); [15168(c)(2) and (e)]; and/or
b. this project is consistent with the Master Plan cited above; and
c. the Bressi Ranch Master Plan EIR 98-04 was certified by the City Council on
July 9,2002 in connection with the prior project or plan; and
21 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and
22
e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
23 under CEQA Guidelines Sections 15162 or 15163 exist; and
24 f. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the Bressi Ranch Master Plan EIR 98-04, which are
25 appropriate to this Subsequent Project, have been completed, incorporated into
the project design or are required as conditions of approval for this Subsequent
26 Project.
27
17. The Planning Commission has reviewed each of the exactions imposed on the Developer
28 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
PC RESO NO. 6270 -4-
to mitigate impacts caused by or reasonably related to the project, and the extent and the
2 degree of the exaction is in rough proportionality to the impact caused by the project.
3 Conditions:
4 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
grading permit or building permit, whichever occurs first.
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
7 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
o 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
10 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.
11
,_ 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
13 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,
14 different from this approval, shall require an amendment to this approval.
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.
17 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 is
challenged, this approval shall be suspended as provided in Government Code Section
. g 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
20 all requirements of law.
21 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
23 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,
24 (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
27 survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
28
PC RESO NO. 6270 -5-
6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
2 the Tentative Map reflecting the conditions approved by the final decision-making body.
3 7. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Carlsbad Unified School District that this'project has satisfied its
obligation to provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required
6 as part of the Zone 17 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
8 9. This approval is granted subject to the approval of the Non-Residential Planned
Development Permit PUD 06-16 and Conditional Use Permit CUP 06-17 and is
9 subject to all conditions contained in Planning Commission Resolutions No. 6271 and
6272 for those other approvals incorporated herein by reference.
10
10. 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
12 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
13 facilities will continue to be available until the time of occupancy. A note to this effect
shall be placed on the Final Map for CT 06-19.
, ^ 11. Developer shall submit and obtain Planning Director approval of a Final Landscape and
Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
16 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
17 condition, free from weeds, trash, and debris.
18 12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
19 landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
20
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
22 by the Planning Director prior to final map approval. Prior to issuance of a building
permit, the Developer shall provide the Planning Department with a recorded copy of the
23 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:
24
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
26 of, or in which the City has an interest.
27 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
PC RESO NO. 6270 -6-
1
2 c. Failure of Association to Maintain Common Area Lots and Easements. In the event
that the Association fails to maintain the "Common Area Lots and/or the
3 Association's Easements" as provided in Article , Section the
City shall have the right, but not the duty, to perform the necessary maintenance. If
the City elects to perform such maintenance, the City shall give written notice to the
s- Association, with a copy thereof to the Owners in the Project, setting forth with
particularity the maintenance which the City finds to be required and requesting the
6 same be carried out by the Association within a period of thirty (30) days from the
giving of such notice. In the event that the Association fails to carry out such
7 maintenance of the Common Area Lots and/or Association's Easements within the
period specified by the City's notice, the City shall be entitled to cause such work to
be completed and shall be entitled to reimbursement with respect thereto from the
9 Owners as provided herein.
10 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
the City shall submit a written invoice to the Association for all costs incurred by the
City to perform such maintenance of the Common Area Lots and or Association's
Easements. The City shall provide a copy of such invoice to each Owner in the
13 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
14 the Project pursuant to the provisions of this Section. Said invoice shall be due and
payable by the Association within twenty (20) days of receipt by the Association. If
the Association shall fail to pay such invoice in full within the period specified,
16 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
17 pursue collection from the Association by means of any remedies available at law or
in equity. Without limiting the generality of the foregoing, in addition to all other
rights and remedies available to the City, the City may levy a special assessment
19 against the Owners of each Lot in the Project for an equal pro rata share of the
invoice, plus the late charge. Such special assessment shall constitute a charge on the
20 land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot
.„ and to bring all legal actions and/or to pursue lien foreclosure procedures against any
Owner and his/her respective Lot for purposes of collecting such special assessment
23 in accordance with the procedures set forth in Article of this .Declaration.
24 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
f Balconies, trellis, and decks. The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ,
27
14. Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall be free from advertising and shall at a
PC RESO NO. 6270 -7-
minimum include a bench and a pole for the bus stop sign. The facilities shall be
2 designed to enhance or be consistent with basic architectural theme of the project
3 15. Developer shall submit and obtain Planning Director approval of an exterior lighting plan
including surface parking areas, pathway lighting, security lighting, and decorative
lighting. All lighting shall be designed to reflect downward and avoid any impacts on
c adjacent homes or property.
6 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
Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such
9 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.
10
17. 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
Directors of Community Development and Planning.
13
18. Prior to the recordation of the final map, Developer shall submit to the City a Notice of
14 Restriction executed by the owner of the real property to be developed. Said notice is to
1, be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
16 Carlsbad has issued a Tract Map by Resolution No. 6270 on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete
17 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
19 said notice upon a showing of good cause by the Developer or successor in interest.
20 19. 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
22 existing schools, parks, and streets.
23 20. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall provide evidence that a Notice has been
24 recorded or shall prepare and record a Notice that this property is subject to overflight,
sight and sound of 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
26 the Planning Department).
27 21. Developer shall post aircraft noise notification signs in all sales and/or rental offices
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
Department).
PC RESO NO. 6270 -8-
22. Retaining walls shall be finished in material and color to complement the project
2 architecture.
3 Engineering;
23. 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 approved format) 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 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
0 submitted in a format as approved by the City Engineer.o
9 24. 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
10 the private improvements: driveways, sidewalks, street lights, landscaping and irrigation,
storm drain and water quality treatment facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties
within the subdivision.
13 25. Developer shall install sight distance corridors at all street and driveway intersections in
accordance with Engineering Standards and shall record the following statement on the
14 Final Map (and in the CC&Rs).
"No structure, fence, wall, tree, shrub, sign, or other object shall be placed or
16 permitted on the subject property within the Caltrans corner sight distance
corridors. No obstructions shall impede nor conflict with the line-of-sight which is
established per City Standard Public Street-Design Criteria, Section 8.B.1 The sight
line is depicted on the tentative map and also applies to driveways. The underlying
property owner shall maintain this condition."
19 The limits of these sight distance corridors shall be reflected on all improvement, grading,
20 or landscape plans prepared in association with this development.
Fees/Agreements
22 26. Developer shall cause property owner to execute, and submit to the City Engineer for
23 recordation, a City Standard deed restriction on the property which relates to the proposed
cross lot drainage as shown on the tentative map. The deed restriction document shall:
24
A. Clearly delineate the limits of the drainage course;
25 B. State that the drainage course is to be maintained in perpetuity by the underlying
property owner;
27
2g C. State that all future use of the property along the drainage course will not restrict,
impede, divert or otherwise alter drainage flows in a manner that will result in
PC RESO NO. 6270 -9-
damage to the underlying and adjacent properties or the creation of a public
2 nuisance.
3 27. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Best Management Practice
Maintenance Agreement for the perpetual maintenance of all treatment control,
r applicable site design and source control, post-construction permanent BMPs prior to the
issuance of a grading permit or building permit, or the recordation of a final map,
6 whichever occurs first for this Project.
7 28. 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 associated Assessment District (Poinsettia Lane), or the assessments must be
9 paid in full. Developer shall pay all associated costs of said reapportionment. The
application shall be submitted to the Deputy City Engineer, Planning and Programs,
10 with the application for the final map.
1l Grading
12 29. Prior to the issuance of a grading permit or building permit, whichever occurs first,
13 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.
14
30. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer.
17 Dedications/Improvements
1 ° 31. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or
other appropriate entities for all public streets and other easements shown on the
Tentative Map. The offer shall be made by a certificate on the final map and/or by
20 separate 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
21 rededicated.
77 32. Additional drainage easements may be required. Developer shall dedicate and provide or
23 install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
24
33. Developer shall execute and record a City standard Subdivision Improvement Agreement
to install and secure with appropriate security as provided by law, public improvements
shown on the Tentative Map and the following improvements including, but not limited
to paving, base, signing & striping, sidewalks, curbs and gutters, medians, grading,
27 clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire
hydrants, street lights, water quality treatment facilities and reclaimed water, to City
28 Standards to the satisfaction of the City Engineer. The improvements are:
PC RESO NO. 6270 -10-
a) Removal and reconstruction of public improvements to Cottage Drive,
2 Astoria Street, Town Garden and Paradise Road as required by the City
Engineer. This condition is to address sewer, water and storm drain
3 connections, and reconstruction of pavement to accommodate truck loading
on Cottage Way.
<- b) Onsite (private) improvements including but not limited to sewer, water,
storm drain, water quality treatment facilities, and access as shown on the
6 Tentative Map.
7 c) Water Quality treatment systems shall be designed to the satisfaction of the
City Engineer. Additional Structural BMP devices may be required to
comply with the current City of Carlsbad Standard Urban Storm Water
9 Mitigation Plan (SUSMP).
10 d) Removal of existing water services and appurtenances in adjacent streets not
utilized by this development.
1 * A list of the above shall be placed on an additional map sheet on the Final Map per the
j2 provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above
shall be constructed within 18 months of approval of the subdivision improvement
13 agreement or such other time as provided in said agreement.
14 34. Developer shall design, and obtain approval from the City Engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with City Standards. Prior to
completion of grading, the final structural pavement design of the aisle ways shall be
16 submitted together with required R-value soil test information subject to the review and
approval of the City Engineer.
17 35. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
° (SWPPP)". The SWPPP shall be in compliance with current requirements and provisions
19 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
20 to the maximum extent practicable storm water pollutant runoff during construction of
the project. At a minimum, the SWPPP shall:
21
a. Include all content as established by the California Regional Water Quality Control
Board requirements;
23 b. Include the receipt of "Notice of Intent" issued by the California Regional Water
Quality Control Board;
24 c. Recommend source control and treatment control Best Management Practices (BMPs)
that will be implemented with this project to avoid contact or filter said pollutants
from storm water to the maximum extent practicable before discharging to City right-
2*r of-way or natural drainage course; and
d. Establish specific procedures for handling, spills and routine clean up. Special
27 considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
28
PC RESO NO. 6270 -11-
36. Prior to the issuance of grading permit or building permit, whichever occurs first,
2 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)".
The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban
3 Stormwater 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
4 Code. The SWMP shall address measures to avoid contact or filter said pollutants from
r storm water, to the maximum extent practicable, for the post-construction stage of the
project. At a minimum, the SWMP shall:
6
a. Identify existing and post-development on-site pollutants-of-concern;
7 b. Identify the hydrologic unit this project contributes to and impaired water bodies that
could be impacted by this project;
c. Recommend source controls and treatment controls that will be implemented with this
9 project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging to City right-of-way;
10 d. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident education on the proper
* * procedures for handling clean up and disposal of pollutants;
12 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
13 exceed the pre-development runoff rates and velocities to the maximum extent
practicable.
14
Final Map Notes
15 37. Note(s) to the following effect shall be placed on the map as non-mapping data
17 A. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
jo B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the
street level may be placed or permitted to encroach within the area identified as
20 sight distance corridors.
21 38. All improvements are privately owned and are to be privately maintained with the
exception of the following:
23 a) Water Mains and appurtenances specifically shown as public water mains, fire
hydrants and related appurtenances identified as Public Improvements on
24 improvement plans for this project.
25 39. The owner of this property on behalf of itself and all of its successors in interest has
~/- agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
27 or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the City approved development plans; or by the
28 design, construction or maintenance of the drainage system or other improvements
identified in the City approved development plans.
PC RESO NO. 6270 -12-
1 Water
2
40. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
3 Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
c- satisfaction of the District Engineer.
6 41. The Developer shall design and construct public facilities within public right-of-way or
within minimum 20-30 foot wide easements granted to the District or the City of
7 Carlsbad. At the discretion of the District Engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
o
9 42. 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
10 Authority capacity charge(s) prior to issuance of Building Permits.
43. The Developer shall install potable water services and meters at a location approved by
the District Engineer. The locations of said services shall be reflected on public
improvement plans.
13
44. The Developer shall install sewer laterals and clean-outs at a location approved by the
14 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.
16 45. 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
17 determined that adequate water and sewer facilities are available at the time of
occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data.18
46. 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
20 adequate capacity, pressure, and flow demands can be met to the satisfaction of the
District Engineer.
21
-« 47. The design and operation of the proposed water system shall comply with the
following:
23
a. Sub-meters may be installed for portions of this project. The sub-meters shall be
24 privately owned and maintained by the Property Owners Association (POA) or
Operator of this facility. It shall be the responsibility of the POA/Operator to
apportion the water bill to the separate sub-metered ownership within each
26 building served by a City water meter.
b. Prior to issuance of building permits for this project, the owner shall create an
27 impound account to be funded with an amount equal to an estimated three
months of water bill payments for the entire project.
c. Owners and tenants of the units shall be notified that the City may shutoff water
service to the entire building if adequate payment of the water bill is not made.
PC RESO NO. 6270 -13-
d. The project CC&R's shall include wording satisfactory to the City Engineer
2 relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also
include language stating that the CC&R provisions related to water meters
3 cannot be changed without the approval of the City Engineer.
48. The entire sewer system is considered private, subject to California Plumbing Code.
c The limits of Public responsibility and private ownership shall be shown on the
approved Tentative Map and Grading or Improvement Plans for this project.
6
Code Reminders
7
49. The project is subject to all applicable provisions of local ordinances, including but not
limited to the following.
9
50. The tentative map shall expire twenty-four (24) months from the date this tentative map
10 approval becomes final.
11 51. Developer shall exercise special care during the construction phase of this project to
prevent offsite dust and siltation. Planting, erosion and dust control shall be provided in
accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the
, T satisfaction of the City Engineer.
14 52. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
15
53. Developer shall pay a landscape plancheck and inspection fee as required by Section
16 20.08.050 of the Carlsbad Municipal Code.
54. Approval of this request shall not excuse compliance with all applicable sections of the
, „ Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
19 55. The project shall comply with the latest nonresidential disabled access requirements
20 pursuant to Title 24 of the State Building Code.
21 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.22
~., 57. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
24 Director prior to installation of such signs.
25
26
27
28
PC RESO NO. 6270 -14-
1 NOTICE
2
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."
5 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
6 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.
9 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
12 expired.
13
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14
Commission of the City of Carlsbad, California, held on the 7th day of November, 2007, by the
16 following vote, to wit:
17 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton18
19 NOES:
20 ABSENT:
21 ABSTAIN:
22
23 Ou.
24 JULIE BAKER\Chairperson
CARLSBADPI)ANNING COMMISSION
26 ATTEST:
27
28 DON NEU
Planning Director
PC RESO NO. 6270 -15-