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HomeMy WebLinkAbout2008-02-06; Planning Commission; Resolution 6386PLANNING COMMISSION RESOLUTION NO. 6386 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 06-25 TO 3 SUBDIVIDE A 12.14 ACRE SITE AND CONSTRUCT 84 DETACHED RESIDENTIAL AIR-SPACE CONDOMINIUM 4 UNITS ON 2 LOTS WITHIN PLANNING AREA 21 OF THE 5 ROBERTSON RANCH MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTH OF CANNON ROAD, WEST 6 OF FUTURE HILLTOP STREET AND SOUTH OF FUTURE GLEN AVENUE IN LOCAL FACILITIES MANAGEMENT 7 ZONE 14. CASE NAME: ROBERTSON RANCH PA 21 8 CASE NO.: CT 06-25 9 WHEREAS, Calavera Hills II, LLC, "Developer/Owner," has filed a verified 10 application with the City of Carlsbad regarding property described as 12 Lots 2 and 11 of Carlsbad Tract No. 02-16, in the City of Carlsbad, County of San Diego, State of California, according 13 to Map thereof No. 15608, filed in the Office of the County Recorder of San Diego County, September 18, 2007 as 14 Instrument No. 07-0612802 of Official Records 15 ("the Property"); and 16 WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "RR" dated February 6, 2008, on file in the Planning 18 19 Department ROBERTSON RANCH PA 21 - CT 06-25, as provided by Chapter 20.12 of the 20 Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on February 6, 2008, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 26 relating to the Tentative Tract Map. 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 2% Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL of ROBERTSON RANCH PA 21, based on the following findings and subject to the following conditions: 3 Findings:4 c- 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 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and 9 b. this project is consistent with the Master Plan cited above; and 10 c. the Robertson Ranch Master Plan Program EIR 03-03 was certified by the City Council on November 14, 2006 in connection with the prior plan; and 12 d. the project has no new significant environmental effect not analyzed as significant 13 in the prior EIR; and e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR 1 <- 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. 1 ° 2. 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 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 20 Subdivision Map Act, and will not cause serious public health problems, in that the project is consistent with all regulations governing air-space subdivisions and all 21 minimum requirements of Title 20, and the project has been designed to comply with all other applicable regulations including Title 21 and the Robertson Ranch Master Plan. 23 3. That the proposed project is compatible with the surrounding future land uses since 24 surrounding properties are designated for Medium Density (RM) and High Density (RH) Residential development and the site south of Cannon Road is designated as 25 an "Unplanned Area" on the General Plan, and that the project would be developed ~, with Medium-High Density (RMH) detached condominiums which will result in a variety of product types and densities in the East Village of the Robertson Ranch 27 Master Plan. 28 4. 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 PC RESO NO. 6386 -2- proposed, in that all required development standards and design criteria required by 2 the applicable zoning ordinances and the Robertson Ranch Master Plan are incorporated into the project without the need for variances from development 3 standards. 4 5. 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 that prior to recordation of the final map, all required easements shall be dedicated including easements for the public water system and public sewer system, and 7 reciprocal private access easements with adjacent Lot 1 (PA 15). 8 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 7. 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 structures are oriented 11 in an east to west alignment to maximize southern exposure and to take advantage of prevailing breezes; and the proposed structure setbacks and building separations 12 will allow for adequate air circulation. 8. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental 15 resources. 16 9. 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 1' habitat, in that sensitive plant and animal habitats present within the East Village of Robertson Ranch are being preserved in accordance with the City of Carlsbad Habitat Management Plan (HMP) and the project will implement the required 19 mitigation measures contained in the Robertson Ranch Program EIR 03-03 Mitigation Monitoring and Reporting Program to reduce edge effects from the 20 proposed development. 10. That the discharge of waste from the subdivision will not result in violation of existing 22 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 23 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 24 System (NPDES) Requirements. 11. 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 Master Plan based on the facts set forth in the staff report dated February 6, 2008 27 including, but not limited to the following: 28 a. Land Use - The project is consistent with the City's General Plan since the proposed densities of 9.13 du/ac, is within the density range of 8-15 du/ac for the PC RESO NO. 6386 -3- Residential Medium-High Density (RMH) General Plan Land Use 2 designation as indicated on the Land Use Element of the General Plan, a maximum of 87 units are allowed within PA 21, and 84 units are proposed. 3 b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Robertson Ranch Master Plan as the developer is required to construct affordable housing units consistent with the Affordable Housing Agreement for the East Village of Robertson Ranch, dated February 26, 2007. The Glen Ridge affordable housing apartment project has been approved with 78 affordable units, with 70 of those units required to satisfy the Inclusionary Housing requirements 0 for the East Village of the Robertson Ranch Master Plan.o 9 c. Open Space and Conservation - The project will not impact designated open space and will provide Master Plan trails and connections to the adjacent 10 neighborhoods as identified in the Master Plan. The project will conform to all NPDES requirements and Utilize Best Management Practices for control of storm water and to protect water quality. 12 d. Noise - The project is designed to comply with the 60 dBA CNEL exterior 13 noise standard and mitigation measures require that the residences will be designed to comply with the 45 dBA CNEL interior noise standard. 14 1, e. Public Safety - The project includes two points of access to the development. 15 f. Circulation - The circulation system is designed to provide adequate access to the proposed residences and all necessary public street improvements will be 17 constructed with CT 06-25 and the previously approved Carlsbad Tract CT 02-16.lo 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 14 and all City public facility policies and 20 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 21 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. 23 Specifically, 24 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. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, has been satisfied by the dedication of parkland within PA 12 of the Robertson 27 Ranch Master Plan. 28 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. PC RESO NO. 6386 -4- 13. The project has been conditioned to pay any increase in public facility fee, or new 2 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 3 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.4 14. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 14. 15. That all necessary public facilities required by the Growth Management Ordinance will 7 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 8 improvements necessary to maintain compliance with the Growth Management performance standards are contained in the Zone 14 LFMP and the project will comply with the general and special conditions of the zone plan. 16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 11 Code Section 14.28.020 and Landscape Manual Section I B) and the Robertson Ranch Master Plan. 12 17. The Planning Commission has reviewed each of the exactions imposed on the Developer 13 contained in this resolution, and hereby finds, in this case, that the exactions are imposed 14 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. 15 Conditions; 16 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 1 a Final Map or issuance of a grading permit, whichever occurs first. 18 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 19 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 20 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 22 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 23 or a successor in interest by the City's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 25 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 26 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 27 28 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. PC RESO NO. 6386 -5- 4. If any condition for construction of any public improvements or facilities, or the payment 2 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 3 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 4 all requirements of law. 5. Developer shall implement, or cause the implementation of, the Robertson Ranch 6 Master Plan Program EIR 03-03 Project Mitigation Monitoring and Reporting Program. 7 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 9 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 10 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and ^2 (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 13 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 14 approval is not validated. 7. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 16 the Tentative Map reflecting the conditions approved by the final decision-making body. 17 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). 19 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 20 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 21 22 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 23 that Plan prior to the issuance of building permits. 24 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 26 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. A note to this effect 27 shall be placed on the Final Map. 28 PC RESO NO. 6386 -6- 12. This approval is granted subject to the approval of CP 06-17 and is subject to all 2 conditions contained in Planning Commission Resolution No. 6387 for that other approval incorporated herein by reference. 3 13. 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 Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 6 14. Developer shall submit and obtain Planning Director approval of a Final Landscape and 7 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and „ the City's Landscape Manual. Trees shall be added to the center median on "AA" Street, subject to approval of the Planning and Engineering Departments. 9 Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, 10 trash, and debris. 15. Community theme walls and noise walls shall be constructed with battered stone 12 pilasters per the Master Plan or as approved by the Planning Director. 13 16. The mailbox kiosks shall be designed to complement the landscape and building design, subject to approval of the Planning Director. 14 17. 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 16 project's building, improvement, and grading plans. 17 18. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 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 official CC&Rs that have been approved by the Department of Real Estate and the 20 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 21 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 23 b. Notice and Amendment. A copy of any proposed amendment shall be provided to 24 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. 26 Failure of Association to Maintain Common Area Lots and Easements. In the 27 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 28 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 PC RESO NO. 6386 -7- written notice to the Association, with a copy thereof to the Owners in the Project, 2 setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty 3 (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 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. 6 d. Special Assessments Levied by the City. In the event the City has performed the 7 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 9 or Association's 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 10 pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of 12 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 13 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 14 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 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 land and shall be a continuing 17 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 in 20 accordance with the procedures set forth in Article of this Declaration. 21 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit" " 23 f. The intended use of the garages is for the parking of a resident's vehicles. Garages are not intended to be used for storage which would preclude the 24 parking of the resident's vehicles. g. In order to ensure that unrestricted access is provided for the community, only non-locking gates may be used at the pedestrian access point within the pocket park which connects to the sidewalk on Cannon Road. 27 19. This project is being approved as a condominium permit for residential homeownership 28 purposes. If any of the units in the project are rented, the minimum time increment for PCRESONO. 6386 -8- such rental shall be not less than 31 days. The CC&Rs for the project shall include this 2 requirement. 3 20. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate ^ which is in conformance with the City-approved documents and exhibits. - 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 6 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 7 Local Facilities Management Plan fee for Zone 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. 9 22. Developer shall submit a street name list consistent with the City's street name policy 10 subject to the Planning Director's approval prior to final map approval. 11 23. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and 12 recreational facilities. 24. Prior to the issuance of the Grading Permit or Final Map, Developer shall submit to the 14 City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction 15 of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Condominium Permit by Resolutions No. 6386 and 6387 on the property. Said Notice of Restriction shall note the 17 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 18 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 or successor in interest. 20 25. If satisfaction of the school facility requirement involves a Mello-Roos Community 21 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, 22 then in addition to any other disclosure required by law or Council policy, the Developer 7, shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for 24 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 25 fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained.26 27 26. 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 28 or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. PC RESO NO. 6386 -9- 1 2 27. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain 3 posted until ALL of the units are sold. 28. Prior to the recordation of the first final tract map or the issuance of building permits, r 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 6 a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 7 29. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 9 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 10 (see Noise Form #2 on file in the Planning Department). 30. Developer shall post aircraft noise notification signs in all sales and/or rental offices 12 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 13 Department). 14 31. Prior to issuance of a building permit, the Developer shall submit and obtain Planning Director approval of an exterior lighting plan within the paseo and pocket park areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent 16 homes or property. 17 32. 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 j9 qualified acoustical consultant, shall be located on the building plans. The architect shall also include his registration stamp in addition to the required signature. 20 33. Air conditioning units, if proposed, shall be located within a units exclusive use area 21 and screened from the public view. 22 34. In order to ensure that unrestricted access is provided for the community, only non- 23 locking gates may be used at the pedestrian access point within the pocket park which connects to the sidewalk on Cannon Road. 24 35. Phase I of the common recreation area within PA 19 shall be constructed with theTCfirst phase of residential development in PA 21 and shall be completed prior to 26 occupancy of any residential units. 27 36. Prior to issuance of the first building permit, except for models, an RV storage area shall be approved, according to the requirements of the Robertson Ranch Master 28 Plan, to serve the East Village of Robertson Ranch. PC RESO NO. 6386 -10- 37. Prior to occupancy of any residential units in PA 21, an RV storage area shall be 2 constructed, according to the requirements of the Robertson Ranch Master Plan, to serve the East Village of Robertson Ranch. 3 Engineering: 4 General 38. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City 7 Engineer for the proposed haul route. 8 39. This approval is subject to the approval and conditions of CP 06-17. 9 10 40. Lot 2 and Lot 11 of Map No. 15608 shall be merged with the filing of the Final Map. 11 41. 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 12 the private improvements (e.g. private street pavement, curb, gutter, sidewalk, street lights, signage, striping, underground storm drain, street trees, curb inlet filters, sewer laterals, enhanced paving, median curbs/hardscape/landscaping/irrigation, 14 parkway landscaping/irrigation, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the 15 subdivision. 42. There shall be one Final Map recorded for this project. 17 43. Developer shall install sight distance corridors at all street intersections in accordance 1 ° with City Engineering Standards. 19 44. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 20 recorded document that provides reciprocal pedestrian and vehicular access between this project and Planning Area 15 (Lot 1 of Map no. 15608). 21 45. Prior to release of grading security, Developer shall apply for and receive approval for a Letter of (Flood) Map Revision (LOMR). 23 46. Developer shall incorporate Low Impact Development (LID) standards into the 24 design of this project per City Standard Urban Stormwater Management Plan (SUSMP), latest version, including applicable Regional Water Quality Control Board Orders, all to the satisfaction of the City Engineer. Fees/Agreements 27 47. Developer shall cause property owner to execute and submit to the City Engineer for 2° recordation, the City's standard form Geologic Failure Hold Harmless Agreement. PC RESO NO. 6386 -11- 48. Developer shall cause property owner to execute and submit to the City Engineer for 2 recordation the City's standard form Drainage Hold Harmless Agreement. 3 49. 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 College Boulevard 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 reapportionment. The application shall be submitted to the City Engineer with the 6 application for the final map. 7 50. 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 9 Agreement to annex the subject property into City of Carlsbad SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. 10 Developer shall pay all fees necessary to annex the property into SL&LD #2. 11 51. Developer shall cause property owner to execute and submit to the City Engineer a 12 Street Tree Maintenance Agreement addressing private (HOA) maintenance of the street trees located within the parkways of this development. The form and content of this agreement shall be to the satisfaction of the City Attorney and the City 14 Engineer. 15 52. 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 satisfaction of the City Engineer. 17 Grading 18 53. Based upon a review of the proposed grading and the grading quantities shown on the 19 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. 20 54. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer receipt of a Notice of Intention from the State Water Resources Control Board. 22 55. Developer shall comply with the City's requirements of the National Pollutant Discharge 23 Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to best management practices as referenced in the "California Storm Water Best 25 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 26 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: 27 28 a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and PC RESO NO. 6386 -12- hazardous waste products. 2 b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 3 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, r herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective 6 containers. 7 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. o 9 56. 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 10 (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 1 Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 12 to the maximum extent practicable storm water pollutant runoff during construction of the project. 13 57. Prior to the issuance of grading permit or building permit, whichever occurs first, 14 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 16 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said 17 pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall:18 19 a. Identify existing and post-development on-site pollutants-of-concern. b. Identify the hydrologic unit this project contributes to and impaired water bodies that 20 could be impacted by this project. c. Recommend source controls and treatment controls that will be implemented with this 21 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 23 considerations and effort shall be applied to resident education on the proper procedures for handling cleanup and disposal of pollutants. 24 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 exceed the pre-construction runoff rates and velocities to the maximum extent 26 practicable. 27 58. Developer shall cause property owner to process, execute and submit an executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best 28 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent PC RESO NO. 6386 -13- Best Management Practices prior to the issuance of a grading permit or building permit, 2 or the recordation of a Parcel Map, whichever occurs first for this Project. 3 Dedications/Improvements 4 59. Developer shall cause Owner to execute a covenant of easement for private storm r drains, reciprocal vehicular access and reciprocal pedestrian access as shown on the Tentative Map. The obligation to execute and record the covenant of easement shall be 6 shown and recording information called out on the Final Map. Developer shall provide City Engineer with proof of recordation prior to issuance of building permit. 7 60. Developer shall cause Owner to make an offer of dedication to the City and/or other appropriate entities for the general utility easements over Summit Trail and 'AA' 9 Street, and Fire Lane and Emergency Access Easements shown on the Tentative Map. The offer shall be made by a certificate on the final map. All land so offered shall be free 10 and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 12 61. 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 13 conform 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 14 standard improvement plan check and inspection fees. 15 62. Developer shall execute a City standard Subdivision Improvement Agreement to install 16 and secure with appropriate security as provided by law, public improvements shown on the Tentative Map. These improvements include, but are not limited to sidewalks, curbs and gutters, sewer, water fire hydrants, street lights, pedestrian ramps, drainage structures 18 and Best Management Practices for stormwater treatment. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, 19 these improvements include: 20 a) Public street and utility improvements to Glen Avenue, 21 b) Public sewer and water improvements in Summit Trail Court and 'AA' 22 Street, all as shown on the Tentative Map. 23 (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 25 improvement agreement or such other time as provided in said agreement. 26 Final Map Notes 27 Add the following notes to the Final Map as non-mapping data: 28 63. All improvements are privately owned and are to be privately maintained with the PC RESO NO. 6386 -14- exception of the following: 2 a) Public sewer and water facilities. 3 64. Building permits will not be issued for development of the subject property unless 4 the appropriate agency determines that sewer and water facilities are available. 65. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to 6 encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards. 7 66. 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 9 arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system 10 or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements 11 identified in the City approved development plans. 12 Utilities 13 67. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 14 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 16 satisfaction of the District Engineer. 17 68. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the District or the City of 1° Carlsbad. At the discretion of the District Engineer, wider easements may be , g required for adequate maintenance, access and/or joint utility purposes. 20 69. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 21 70. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning 23 Department for processing and approval by the District Engineer. 24 71. The Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 26 72. The Developer shall install sewer laterals and clean-outs at locations approved by the 27 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 28 PC RESO NO. 6386 -15- 73. The Developer shall design and construct public water and sewer facilities substantially 2 as shown on the Tentative Map to the satisfaction of the District Engineer. 3 74. The Developer shall provide separate potable water meters for each separately owned unit.4 r Code Reminders 5 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 7 75. The tentative map shall expire two years from the date on which the City Council voted and approved this application. 9 76. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on 10 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. 12 77. Developer shall pay a landscape plancheck and inspection fee as required by Section 13 20.08.050 of the Carlsbad Municipal Code. 14 78. 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. 16 79. The project shall comply with the latest nonresidential disabled access requirements 17 pursuant to Title 24 of the State Building Code. 19 80. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 20 81. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Robertson Ranch Master Plan and shall require 21 review and approval of the Planning Director prior to installation of such signs. 22 23 24 25 26 27 28 PC RESO NO. 6386 -16- 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 A "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 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 g 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 11 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 Commission of the City of Carlsbad, California, held on February 6, 2008, by the following 15 vote, to wit: 16 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez, Douglas, Montgomery, and Whitton 18 19 NOES: 20 ABSENT: 21 ABSTAIN: 22 23 24 JULIE B(\KER\ Chairperson 25 CARLSBAD PLANNING COMMISSION 26 ATTEST: 27 28 DONNEU Planning Director PC RESO NO. 6386 -17-