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HomeMy WebLinkAbout2008-03-05; Planning Commission; Resolution 6394PLANNING COMMISSION RESOLUTION NO. 6394 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 05-12 TO SUBDIVIDE THE 3.05 3 ACRE SITE AND CONSTRUCT 35 RESIDENTIAL AIR-SPACE CONDOMINIUM UNITS ON ONE HOA LOT ON PROPERTY 4 GENERALLY LOCATED AT 2303 OCEAN STREET ON THE 5 NORTH SIDE OF OCEAN STREET AND WEST OF MOUNTAIN VIEW DRIVE WITHIN THE MELLO II 6 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: OCEAN STREET RESIDENCES CASE NO.: CT 05-128 9 WHEREAS, 2303 Investors, LP, "Owner/Developer," has filed a verified 10 application with the City of Carlsbad regarding property described as 11 That portion of Lot "A" of Granville Park Unit No. 2 j2 according to Map thereof No. 2037 and that portion of Laguna Drive of Granville Park adjacent thereto (vacated by 13 Resolution No. 918 of the City Council of the City of Carlsbad, California, recorded July 19, 1963 as Document No. 126793, 14 Records of San Diego County California) according to Map thereof No. 1782 - all in the City of Carlsbad, County of San Diego, State of California and filed in the Office of the County \ ft Recorder of said County 17 ("the Property"); and 1 8 WHEREAS, said verified application constitutes a request for a Tentative Tract 19 Map as shown on Exhibits "A" - "PP" dated March 5, 2008, on file in the Planning Department 20 OCEAN STREET RESIDENCES - CT 05-12, as provided by Chapter 20.12 of the Carlsbad 21 __ Municipal Code; and 23 WHEREAS, the Planning Commission did, on March 5, 2008, hold a duly 24 noticed public hearing as prescribed by law to consider said request; and 25 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 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 - B) That based on the evidence presented at the public hearing, the Commission APPROVES OCEAN STREET RESIDENCES - CT 05-12, based on the 6 following findings and subject to the following conditions: Findings: 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 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 10 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 minimum requirements of Title 20, and the project has been designed to comply with all other applicable regulations including Title 21, the Planned Development Ordinance, and the Mello II Segment of the Certified Local Coastal Program (Mello 13 IILCP). 14 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Medium-High Density (RMH) Residential development and Open Space (OS) on the General Plan, and that the project would be 1 , re-developed with attached condominiums at a density of 11.74 du/ac which is similar in character and density to the product type found directly to the west and 17 which is compatible with the single-family and multifamily development south of the site; and the project is located over 100 feet from the Buena Vista Lagoon and has IB been designed to comply with all of the applicable requirements of the Mello II 19 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 21 proposed, in that all required development standards and design criteria required by the applicable zoning ordinances and the Mello II LCP have been incorporated into 22 the project without the need for variances from development standards. 23 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 25 that the project is conditioned to provide easements for public improvements including, but not limited to the water system and fire hydrant and the storm drain 26 facility located at the eastern portion of the project. 27 5. That the property is not subject to a contract entered into pursuant to the Land _ 0 Conservation Act of 1 965 (Williamson Act).Zo PC RESO NO. 6394 -2- 6. That the design of the subdivision provides, to the extent feasible, for future passive or 2 natural heating or cooling opportunities in the subdivision, in that structures are oriented in an east to west alignment which will allow for passive or natural heating or 3 cooling opportunities to the extent possible; that the structure setbacks and building separations will allow for adequate air circulation; and that the residences are oriented to take advantage of prevailing breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental 7 resources. 8 8. 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 habitat, in that no sensitive plant or animal habitats are present on site. 9. That the discharge of waste from the subdivision will not result in violation of existing 11 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 12 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. 14 10. The Planning Commission finds that the project, as conditioned herein, is in 15 conformance with the Elements of the City's General Plan, based on the facts set forth in the staff report dated March 5, 2008 including, but not limited to the following:16 a. Land Use - The project is consistent with the City's General Plan since the proposed densities of 11.74 du/ac, is within the density range of 8-15 du/ac for 18 the Residential Medium-High Density (RMH) General Plan Land Use designation as indicated on the Land Use Element of the General Plan. 19 b. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance in that the developer is 21 proposing to convert seven (7) market-rate units to affordable units within the existing 10-unit Roosevelt Street Residences project (SDP 06-10) or, as an 22 alternative, to purchase 7 affordable housing credits within an offsite combined inclusionary housing project within the Northwest Quadrant. 24 c. Open Space and Conservation - The project will not impact any designated open space and will conform to all NPDES requirements and Utilize Best 25 Management Practices for control of storm water and to protect water quality. 26 4 y d. Noise - The project is not impacted by potential noise-generating sources such as Interstate 5 or the railroad. 28 PC RESO NO. 6394 -3- e. Public Safety - The project will provide facilities to ensure compliance with 2 Public Safety Requirements and the project will provide automatic fire sprinkler systems throughout the buildings. 3 f. Circulation - The circulation system is designed to provide adequate access to the proposed units and the project is conditioned to reconstruct, replace, or c repair the frontage improvements on Ocean Street. 6 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and 7 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 9 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. 10 Specifically: a. The project has been conditioned to provide proof from the Carlsbad Unified j2 School District that the project has satisfied its obligation for school facilities. 13 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. 14 1 - 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. 16 12. The project has been conditioned to pay any increase in public facility fee, or new 17 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 18 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 1 „ public facilities and will mitigate any cumulative impacts created by the project. 2Q 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 21 14. That the project will provide sufficient additional public facilities for the density in 22 excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted, in that the proposed 35-unit residential condominium project will replace an existing 50-unit apartment building and will reduce the 24 current need for public facilities. 25 15. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the 0.73 units in the project above the control point so that 26 approval will not result in exceeding the quadrant limit and the development proposal will result in the transfer of 15 dwelling units back into the City's Excess Dwelling 27 Unit Bank. 28 PC RESO NO. 6394 -4- 16. That all necessary public facilities required by the Growth Management Ordinance will 2 be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that the project 3 is conditioned to pay the appropriate fees to comply with the City's Growth Management Plan and the City's public facilities plans will not be adversely impacted in that all necessary public facilities have been constructed, or are r conditioned to be constructed, repaired, or replaced. The project is conditioned to pay the appropriate fees to comply with City's Growth Management Program. 6 17. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 7 Code Section 14.28.020 and Landscape Manual Section IB). 8 18. 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 10 degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions; 12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map recordation or issuance of a grading permit, whichever occurs first. 14 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 15 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 1 j 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 18 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. ~~ 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 21 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, 22 different from this approval, shall require an amendment to this approval. 23 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 24 regulations in effect at the time of building permit issuance. 25 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 26 challenged, this approval shall be suspended as provided in Government Code Section 27 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with 28 all requirements of law. PC RESO NO. 6394 -5- 5. Developer shall implement, or cause the implementation of, the Ocean Street 2 Residences Project Mitigation Monitoring and Reporting Program. 3 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims r 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, 6 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 7 (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 9 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 7. 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- j2 making body. 13 8. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 14 format (including any applicable Coastal Commission approvals). 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 16 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 17 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that 19 Plan prior to the issuance of building permits. 20 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 22 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. Notes: A note to this 23 effect shall be placed on the Final Map. 24 12. This approval is granted subject to the adoption and approval of the Ocean Street _, Residences Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, CP 05-11, CDP 05-28 and is subject to all conditions contained in 26 Planning Commission Resolutions No. 6393, 6395, and 6396 for those other approvals incorporated herein by reference. 27 13. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and PC RESO NO. 6394 -6- deed restrict seven (7) dwelling units within the Roosevelt Street Residences - 2 SDP 06-10 as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The 3 draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. A second Inclusionary Housing option available to the Developer shall be that prior to Final Map approval, and at the sole discretion of the City Council, the Developer may participate in an off-site combined inclusionary housing project or other off-site alternative as set forth within C.M.C. Chapter 21.85. The Affordable Housing Agreement shall be amended accordingly. o 14. Developer shall cause the implementation of SDP 06-10 - Roosevelt Street Residences 9 or shall obtain approval of another off-site alternative which shall be implemented concurrent with construction of the project's market rate units, unless both the final 10 decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 13 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 condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 16 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 17 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 19 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 20 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: ~~ 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 23 favor of, or in which the City has an interest. 24 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 26 transmitted to City within 30 days for the official record. 27 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 the980 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary PC RESO NO. 6394 -7- maintenance. If the 'City elects to perform such maintenance, the City shall give 2 written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required 3 and requesting the 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 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 6 reimbursement with respect thereto from the Owners as provided herein. 7 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 9 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 10 each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection 11 against the Owners in the Project pursuant to the provisions of this Section. Said , 2 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 13 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 14 the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to j g 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 17 special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special , o 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 20 his/her respective Lot for purposes of collecting such special assessment in 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 18. This project is being approved as a condominium permit for residential homeownership 24 purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 26 19. Prior to issuance of building permits, the Developer shall submit to the Planning Director 27 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. 28 PC RESO-NO. 6394 -8- 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #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 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, 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 c approval will not be consistent with the General Plan and shall become void. 6 21. 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. 22. 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 10 recreational facilities. 23. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to 13 the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the 14 materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. 17 24. Prior to the issuance of the Grading Permit or Final Map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Condominium Permit, and 20 Coastal Development Permit by Resolutions No. 6394, 6395 and 6396 on the property. Said Notice of Restriction shall note the property description, location of the file 21 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 23 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 24 25. If satisfaction of the school facility requirement involves a Mello-Roos Community 25 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, then in addition to any other disclosure required by law or Council policy, the Developer 27 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 28 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 PC RESO NO. 6394 -9- fact of a potential pass-through of fees or taxes exists and where complete information 2 regarding those fees or taxes can be obtained. 3 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 or made available to the public shall include but not be limited to trails, future and r existing schools, parks, and streets. 6 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 7 posted until ALL of the units are sold. o 28. Prior to the recordation of the first final tract map or the issuance of building permits, 9 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar 10 Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). j2 29. 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 13 approved by the Planning Director (see Noise Form #3 on file in the Planning Department). 14 30. Prior to issuance of a building permit, the Developer shall submit and obtain Planning Director approval of an exterior lighting plan. All lighting shall be designed to reflect 16 downward and avoid any impacts on adjacent homes or property. 17 31. Developer shall construct, install, and stripe not less than eighty-two (82) parking spaces, as shown on the Exhibits.18 19 Engineering: 20 General 21 32. Prior to hauling dirt or construction materials to or from any proposed construction site ~~ within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 23 33. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other 24 recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. driveways, sidewalks, utilities, water quality treatment facilities and private storm drain improvements, etc.) located therein and to distribute the 26 costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 27 34. There shall be one Final Map recorded for this project.28 V V J PC RESO NO. 6394 -10- 35. Developer shall install sight distance corridors at all street intersections and driveways in 2 accordance with City Engineering Standards. The limits of these sight distance corridors shall be reflected on all improvement, grading, or landscape plans prepared in association 3 with this development. 4 Fees/Agreements 36. Developer shall cause property owner to execute and submit to the City Engineer for 6 recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 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. o 9 38. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer for the annexation of the area 10 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 13 Grading 14 39. 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 prior to issuance of a building permit. 16 40. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 17 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 20 41. 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 42. 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 24 best management practices as referenced in the "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. Said plans shall include but not be limited to notifying prospective owners and tenants of the following: 27 a. All owners and tenants shall coordinate efforts to establish or work with 2° established disposal programs to remove and properly dispose of toxic and hazardous waste products. PC RESO NO. 6394 -11- b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, 2 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 3 or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet 4 Federal, State, County and City requirements as prescribed in their respective - containers. 6 c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 7 43. 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 9 (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 10 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 * 1 the project. 12 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 13 Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 14 Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 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 16 pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: 17 a. Identify existing and post-development on-site pollutants-of-concern. 1 o , n b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project. 20 c. Recommend source controls and treatment controls that will be implemented with 21 this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite; 23 d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education 24 on the proper procedures for handling cleanup and disposal of pollutants. 9S e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. 26 f. Identify how post-construction runoff rates and velocities from the site will not 27 exceed the pre-construction runoff rates and velocities to the maximum extent practicable. 28 PC RESO NO. 6394 -12- 45. Developer shall cause property owner to process, execute and submit an executed copy to 2 the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 3 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit, ^ or the recordation of a final map, whichever occurs first for this Project. 46. The Storm Water Management Plan (SWMP) prepared for the project shall show 6 how the project design incorporates Low Impact Development (LID) practices. Low Impact Development (LID) Design should reference the current County of San 7 Diego Low Impact Development Handbook (Stormwater Management Strategies). The design shall help preserve and restore the natural hydrologic cycle of the site by allowing filtration and infiltration of urban run-off using LID BMPs including but 9 not limited to vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 10 Dedications/Improvements 12 47. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for the sewer main and access at the western portion of the 13 project, the water system and fire hydrant, and the storm drain facility located at the eastern portion of the project, as shown on the tentative map. The offer shall be 14 made by a certificate on the final map or separate recorded document. 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. Note: The sewer system, 15 pump station and force main is considered a private system to be owned and maintained by the homeowners association. 17 48. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent i Q with any grading or building permit. 20 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 21 to City of Carlsbad Standards based on R-value tests. All private streets and drainage _9 systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 23 50. Developer shall provide for the design of water quality treatment systems to the 24 satisfaction of the City Engineer. Additional Structural BMP devices may be required to comply with the current City of Carlsbad Standard Urban Storm Water 25 Mitigation Plan (SUSMP). 26 51. Developer shall execute a City standard Subdivision Improvement Agreement to install 27 and secure with appropriate security as provided by law, public improvements and private sewer shown on the tentative map. These improvements include, but are not 2° limited to paving, base, signing & striping, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street PC RESO NO. 6394 -13- lights, pedestrian ramps, drainage structures, and best management practices for 2 stormwater treatment. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: 3 a) Reconstruction, replacement and repair of frontage improvements to Ocean Street based upon a half street frontage of 25'. <- b) Pavement overlay of Ocean Street along the project frontage. c) 8" Sewer main, cleanouts and access structures to serve the private 6 sewer systems and force main. d) Reconstruction and removal of existing 10" A.C.P. Water Main along the frontage of this project. e) Storm Drain repair and reconstruction to upgrade the existing and deteriorated system along the east side of this project. 9 f) (Privately Owned and Maintained) Sewer Lift Station and force main. 10 (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 improvement agreement or such other time as provided in said agreement. 13 52. Prior to issuance of building permits, Developer shall underground all existing overhead 14 utilities along and within the subdivision boundary. 53. Prior to issuance of building permits, Developer shall install or secure with appropriate security as provided by law street lights along all public and private street frontages abutting and/or within the subdivision boundary in conformance with City of Carlsbad 17 Standards. 54. Developer shall incorporate into the grading/improvement plans the design for the project . o drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to 20 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with 21 longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. 23 Final Map Notes 24 Add the following notes to the final map as non-mapping data: 55. All improvements are privately owned and are to be privately maintained with the exception of the following: 27 a) The 8" sewer main and access hole at the southwest corner of this subdivision. Note the Force main and sewer pump station is privately owned and maintained. 28 PC RESO NO. 6394 -14- b) Water Mains specifically shown as public water mains, fire hydrants and related 2 appurtenances on improvement plans for this project. 3 c) The Storm Drain located at the eastern portion of this subdivision continuing offsite and turning to the west at the north east corner of the project. 4 c- 56. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 6 57. Geotechnical Caution: 7 a) 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 9 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 10 subdivision due to its construction, operation or maintenance. 1 58. 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 Carlsbad Engineering Standards. 13 59. The owner of this property on behalf of itself and all of its successors in interest has 14 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 or drainage, or the concentration of surface waters or drainage from the drainage system 16 or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements 17 identified in the City approved development plans. !8 Utilities 19 60. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 20 Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 21 considered public improvements and shall be served by public water mains to the ~~ satisfaction of the District Engineer. 23 61. 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 Carlsbad. 24 At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. £ J 26 62. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 27 63. The Developer shall install potable water services and meters at locations approved by the 2° District Engineer. The locations of said services shall be reflected on public improvement plans. PC RESO NO. 6394 -15- 64. The Developer shall install sewer laterals and clean-outs at locations approved by the 2 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 3 65. The Developer shall provide separate potable water meters for each separately owned 4 unit. Credit shall be given for the existing water meters that serve the existing r Apartment Project. 6 66. Developer shall evaluate in detail the entire potable water, recycled water, and sewer system to ensure that adequate capacity, pressure, and flow demands can be met to the 7 satisfaction of the District Engineer. O 67. The Developer shall submit detailed design drawings prepared by a Registered Engineer 9 for the construction of a sewer lift station required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. 10 Fire: 11 68. Automatic fire sprinklers shall be provided for the entire project, including the garage level storage rooms. 13 69. The storage unit doors shall be designed with view windows and a chain link fence 14 material as a horizontal barrier between the fire sprinkler deflector and the maximum storage height (18 inches below sprinkler deflector). CODE REMINDERS16 17 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 18 70. The tentative map shall expire two years from the date on which the Planning Commission voted on the application. 20 71. Some improvements shown on the tentative parcel map and/or required by these 21 conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such 23 property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and 24 comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 25 _ , 72. 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. 27 73. Developer shall pay a landscape plancheck and inspection fee as required by Section 28 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 6394 -16- 74. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 75. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 4 Code Section 18.04.320. 76. Any signs proposed for this development shall at a minimum be designed in conformance 6 with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 7 8 NOTICE 9 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 10 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 11 12 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 13 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 14 follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 16 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, 17 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 i Q expired. 20 21 22 23 24 25 26 27 28 PC RESO NO. 6394 -17- 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on March 5, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN Commissioners Baker, Boddy, Cardosa, Montgomery, and Chairperson Whitton Commissioner Dominguez Commissioner Douglas 'FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: X (&<A DON NEU Planning Director PC RESO NO. 6394 -18-