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HomeMy WebLinkAbout2008-04-02; Planning Commission; Resolution 64031 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 PLANNING COMMISSION RESOLUTION NO. 6403 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 07-05 TO SUBDIVIDE 7.6 ACRES INTO 12 LOTS, FOR THE DEVELOPMENT OF 38 DETACHED AIRSPACE CONDOMINIUM UNITS WITHIN THE VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.3, ON PROPERTY GENERALLY LOCATED ALONG THE EAST SIDE OF EL CAMINO REAL, BETWEEN CAMINO VIDA ROBLE AND CASSIA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 10. CASE NAME: VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 CASE NO.: CT 07-05 WHEREAS, Morrow Development, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Real Estate Collateral Management Company, "Owner," described as Parcel 4 of Carlsbad Minor Subdivision No. MS 05-05 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 20174, filed in the Office of the County Recorder of San Diego County, December 20, 2006. ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) "A" - "MM" dated April 2, 2008, on file in the Planning Department VILLAGES OF LA COSTA GREENS, NEIGHBORHOOD 1.3 - CT 07-05, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 2, 2008, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES VILLAGES OF LA COSTA GREENS NEIGHBORHOOD 1.3 - CT 07-05, based on the following findings and subject to the following conditions: Findings; 6 That the proposed map and the proposed design and improvement of the subdivision as 7 conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed map satisfies all minimum requirements of Title 20 and has been designed to comply with all other applicable regulations including the Villages of La Costa 10 Master Plan. 11 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential, community facilities, and open space development on the General Plan. 3. That the site is physically suitable for the type and density of the development since the 14 site is adequate in size and shape to accommodate residential development at the density proposed, in that the project is consistent with the development criteria of the 15 Villages of La Costa Master Plan and Title 20 of the Carlsbad Municipal Code. 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 that prior to recordation of the final map the developer will vacate and/or adjust any easements that conflict with proposed development, or obtain any easements 19 required for the proposed project. 20 5. That the property is not subject to a contract entered into pursuant to the Land _ 1 Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed 23 development will consist of detached airspace condominium units with adequate separation to provide future residents with adequate air circulation and the 24 opportunity for passive heating and cooling. 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 27 resources. 28 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 PC RESO NO. 6403 -2- habitat, in that the proposed development is not within a preserve area of the Habitat 2 Conservation Plan approved for the property. The project area is a designated development area in the Villages of La Costa Master Plan which was evaluated in 3 Final Program EIR 98 -07. 4 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 7 System (NPDES) requirements. o0 10. The Planning Commission finds that the project, as conditioned herein, is in o conformance with the Elements of the City's General Plan and the Villages of La Costa Master Plan based on the facts set forth in the staff report dated April 2, 2008 including, 10 but not limited to the following: 11 a. Land Use - The General Plan Land Use designation for Greens Neighborhood 1.3 , _ is RM (Residential Medium Density). The RM designation allows single family residential development at a density range of 4-8 dwelling units per acre. The 13 density in Neighborhood 1.3 is 5 dwelling units per acre with 38 units proposed. The Villages of La Costa Master Plan limits the maximum number of dwelling units for each neighborhood. The density calculations for the Villages of La Costa Master Plan were based on the whole Master Plan area. The units were then distributed among the neighborhoods and the description of each neighborhood contains the maximum allowable units. The maximum number of dwelling units for Neighborhood 1.3 is 44 units and is not being exceeded by this 17 project. The Villages of La Costa Master Plan was found to comply with all applicable General Plan Goals, Objectives and Policies. This project is in 1° conformance with the Master Plan and therefore is also in compliance with the General Plan Land Use Element. 20 b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Villages of La Costa Master 21 Plan. The developer is required to construct affordable housing units consistent „ with the First Amended and Restated Affordable Housing Agreement (dated 2/21/03) approved for the Villages of La Costa. Both the Greens Affordable 23 Apartment Project and the Oaks Affordable Apartment Project have been constructed and are occupied. These two projects satisfy the inclusionary 24 housing requirements for this project. c. Open Space and Conservation - The Open Space Preserve Areas are identified in 2/r the Habitat Conservation Plan, certified Villages of La Costa Master Plan EIR 98-07, and Villages of La Costa Master Plan. The project will not impact 27 designated open space. 28 d. Noise - Pursuant to the recommendations of a project specific noise study prepared for the Tentative Map, the project has been conditioned to require an PC RESO NO. 6403 -3- interior noise assessment to determine proper architectural treatments (i.e., 2 specialized door and window treatments) for all identified units where the CNEL exceeds 60 dBA. This acoustical analysis shall demonstrate that the proposed 3 architectural designs will limit interior noise to 45 dBA CNEL or less. e. Public Safety - The project includes fire suppression zones and requires fire- resistive construction techniques and fire sprinklers for selected units to reduce fire hazards to an acceptable level. f. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Villages of La Costa Master Plan.o 9 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 10 and all City public facility policies and 10 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 12 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. 13 Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School 1 , District that the project has satisfied its obligation for school facilities. 16 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and have been satisfied by the use of existing parkland credits in addition to the 17 dedication of land for the future Alga Norte Park. 18 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. 20 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional 21 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 23 13. This project has been conditioned to comply with any requirement approved as part of the 24 Local Facilities Management Plan for Zone 10. 25 14. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them 2" created by this project and in compliance with adopted City standards, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 10 Local Facilities Management 28 Plan and the project will comply with the general and special conditions of the zone plan. PC RESO NO. 6403 -4- 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 2 Code Section 14.28.020 and Landscape Manual Section I B) and the Villages of La Costa Master Plan. 3 16. The Planning Director has determined that: 4 a. The project is a subsequent activity of the Villages of La Costa Master Plan (MP 98-01) for which a program EIR was prepared, and a notice for the activity has been 5 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 7 purposes of CEQA [15168(c)(2) and (e)]; o b. this project is consistent with the Master Plan cited above; 9 c. The Villages of La Costa Master Plan EIR 98-07 was certified in connection with 10 the prior plan; 11 d. the project has no new significant environmental effect not analyzed as significant in , - the prior EIR; 13 e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; 14 17. The Planning Commission has reviewed each of the exactions imposed on the Developer 1^ contained in this resolution, and hereby finds, in this case, that the exactions are imposed ,£ to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 17 Conditions; 18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of 1 the final map or issuance of a grading permit, whichever occurs first. 20 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 21 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 22 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 24 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 25 or a successor in interest by the City's approval of this Tentative Tract Map. 9 f\2. Staff is authorized and directed to make, or require the Developer to make, all corrections 27 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 28 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. PC RESO NO. 6403 -5- 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 2 regulations in effect at the time of building permit issuance. 3 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 4 challenged, this approval shall be suspended as provided in Government Code Section <- 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 6 all requirements of law. 7 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 9 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, 10 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 1* (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 13 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 14 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 16 7. Developer shall include, as part of the plans submitted for any permit plancheck, a 17 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals).18 in 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its 20 obligation to provide school facilities. 21 9. This project shall comply with all conditions and mitigation measures which are required »„ as part of the Zone 10 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 23 10. This approval is granted subject to the approval of CP 07-02 and SUP 07-02 and is 24 subject to all conditions contained in Planning Commission Resolutions No. 6404 and 6405 for those other approvals incorporated herein by reference. 26 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 27 adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. PC RESO NO. 6403 -6- 12. 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 10, 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 r approval will not be consistent with the General Plan and shall become void. 6 13. Prior to the recordation of the 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 1 be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Map, Condominium Permit and Special Use 9 Permit by Resolutions No. 6403, 6404, and 6405 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 10 project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates 12 said notice upon a showing of good cause by the Developer or successor in interest. 13 14. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council 14 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 shall disclose to future owners in the project, to the maximum extent possible, the 16 existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning 17 Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 19 15. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to 20 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 and01Z1 existing schools, parks, and streets. 22 16. Developer shall post a sign in the sales office in a prominent location that discloses which 23 special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 24 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 26 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 27 condition, free from weeds, trash, and debris. 28 PC RESO NO. 6403 -7- 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 2 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 3 19. 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 6 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: 7 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 9 of, or in which the City has an interest. 10 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City , ~ within 30 days for the official record. 13 c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 14 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 16 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 17 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 reimbursement with respect thereto from the 20 Owners as provided herein. 21 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 23 City to perform such maintenance of the Common Area Lots and or Association's Easements, The City shall provide a copy of such invoice to each Owner in the 24 Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in •* the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 27 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may 28 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 PC RESO NO. 6403 -8- rights and remedies available to the City, the City may levy a special assessment 2 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 3 land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot <- and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment 6 in accordance with the procedures set forth in Article of this Declaration. 7 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit o 9 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit 10 " 1 and sensitivity of the conserved habitat areas and ways to avoid impact to them. g. HCP/OMSP Educational Material: Exhibit describes the importance 12 h. Lighting Restrictions on Private Residential Lots: Restrictions on lighting 13 within residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 14 i. Educational materials regarding the sensitivity of the HCP/OMSP shall be given to the proposed Project Residents as part of the CC&Rs. The material shall 15 state the importance of the conserved habitat areas and ways to avoid impacts to them. 17 20. Developer shall submit a street name list consistent with the City's street name policy 1 ° subject to the Planning Director's approval prior to final map approval. 19 21. The construction of the required recreation areas shall commence prior to the 20 occupancy of the first dwelling unit, and shall be approved for use prior to the occupancy of 50% of the units within the subject neighborhood. 21 22. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 23 23. Prior to the recordation of the first final tract map or the issuance of building permits, 24 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 a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 27 24. 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 is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar PC RESO NO. 6403 -9- Airport, in a form meeting the approval of the Planning Director and the City Attorney 2 (see Noise Form #2 on file in the Planning Department). 3 25. Developer shall post aircraft noise and sewer facilities odor notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form <- #3 on file in the Planning Department). 6 26. Developer shall dedicate, on the final map, an open space easement for those portions of lots 5, 6, 7, 8, 9, 11, and 12 which are (in slopes, wetlands, coastal sage scrub, or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibits 9 "A" - "MM". 10 27. Removal of native vegetation and development of Open Space Lot(s) 5, 6, 7, 8, 9, 11, and 12, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of (the grading plan, improvement plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits "A" - "MM", is specifically prohibited, except upon written order of the 13 Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a 14 request from the Homeowners Association accompanied by a report from a qualified arborist/botanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing 16 native vegetation, the report required to accompany the request shall be prepared by a qualified biologist. 17 28. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and the Villages of La Costa Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. 20 Engineering General 22 29. Prior to hauling dirt or construction materials to or from any proposed construction site 23 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 24 30. This approval is subject to the approval and conditions of CP 07-02 and SUP 07-02. 26 31. 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 27 the private improvements (e.g. streets, sidewalks, street trees, street lights, storm drain facilities, sewer laterals, storm water quality treatment control measures etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. PC RESO NO. 6403 -10- 32. There shall be one Final Map recorded for this project. 2 33. Developer shall install sight distance corridors at all street intersections and driveways in 3 accordance with City Engineering Standards. ^ Fees/Agreements 34. 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. 7 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement. 8 9 36. Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to the proposed 10 cross lot drainage as shown on the tentative map. The deed restriction document shall: H a. Clearly delineate the limits of the drainage course; 12 b. State that the drainage course is to be maintained in perpetuity by the underlying 13 property owner; and 14 c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 16 37. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping 17 District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the ° subject property into City of SL&LD #2. The Agreement shall be in a form approved by ,n the Assistant City Finance Director. Developer shall pay all fees necessary to annex the property into SL&LD #2. 20 38. Developer shall cause property owner to apply for and obtain reapportionment of 21 the assessments imposed on the subject project in accordance with law governing the associated Assessment District 2002-01 (Poinsettia Lane East), or the assessments must be paid in full. Developer shall pay all associated costs of said 23 reapportionment. The application shall be submitted to the Deputy City Engineer, Planning and Programs, with the application for the final map. 24 39. The subject property is within the boundaries of Assessment District No. 2002-01 (Poinsettia Lane East). The owner of this property has previously executed a Special js- Assessment District Disclosure Agreement with the City. Said Agreement contains provisions requiring the current owner and any subsequent owner(s) to provide notice to 27 potential buyers of the amount of the assessment and other provisions and requires owner to have each buyer receive, execute and deposit into escrow a Notice of Special 28 Assessment and Prepayment Option Agreement. In the event that owner does not have the buyer execute the Notice of Special Assessment and Prepayment Option Agreement PC RESO NO. 6403 -11- prior to close of escrow, the assessment on the subject property must be paid off in full by 2 owner. 3 40. Developer shall apply for and process an Encroachment Permit for the private enhanced paving located within the public utility easements as shown on the Tentative Map. Said Agreement shall be prepared to the satisfaction of the City <- Engineer. 6 Grading 7 41. 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. 9 42. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 10 receipt of a Notice of Intention from the State Water Resources Control Board. 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 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 13 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce 14 to the maximum extent practicable storm water pollutant runoff during construction of the project. 44. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 17 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 Region of the California Regional Water Quality Control Board and City of Carlsbad , o Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction 20 stage of the project. At a minimum, the SWMP shall: 21 a. Identify existing and post-development on-site pollutants-of-concern. 22 b. Identify the hydrologic unit this project contributes to and impaired water bodies that 23 could be impacted by this project. 24 c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging offsite. 26 d. Establish specific procedures for handling spills and routine cleanup. Special 27 considerations and effort shall be applied to resident education on the proper procedures for handling cleanup and disposal of pollutants. 28 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. PC RESO NO. 6403 -12- f. Identify how post-construction runoff rates and velocities from the site will not 2 exceed the pre-construction runoff rates and velocities to the maximum extent practicable. 3 45. 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 Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design and source control, post-construction permanent 6 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. 7 46. The Storm Water Management Plan prepared for the project shall show how the project design incorporates Low Impact Development (LID) practices. Low Impact 9 Development (LID) Design should reference the current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). The design 10 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 not limited to vegetated swale/strips, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, and velocity and pollutants. 13 Dedications/Improvements 14 47. Developer shall cause property owner to execute and submit to the City Engineer for recordation a notice against the property to owners regarding potential odor from the existing sewer facilities. The form of said notice shall be prepared to the satisfaction of the City Engineer. 17 48. Developer shall cause Owner to execute a covenant of easement for private drainage as shown on the tentative map. The obligation to execute and record the covenant of10 10-10 easement shall be 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. 20 49. Existing 30 ft. wide covenant of access easement for benefit of Parcels 2 and 3 of 21 Parcel Map 20174 per Doc. No. 06-0901067, Recorded December 20, 2006 shall be shown on the Final Map. 23 50. Existing covenant for 15 ft. wide private drainage easement per Doc. No. 06- 0901068, Recorded December 20, 2006 shall be shown on the Final Map. A portion 24 of the covenant may be quitclaimed as approved by the City Engineer and relocated into Private Road 'D' as shown on the Tentative Map.25 51. Existing 30 ft. wide private access easement for benefit of Parcel 2 of Parcel Map 1120 per Doc. No 2006-0813909, Recorded November 13, 2006 shall be shown on the 27 Final Map. 52. 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 PC RESO NO. 6403 -13- to City of Carlsbad Standards based on R-value tests. All private streets and drainage 2 systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 3 53. Developer shall execute a City standard subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the tentative map. These improvements include, but are not limited to paving, base, signing and striping, medians, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, drainage structures, and reclaimed water. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: o a. Onsite public water system, as shown on the Tentative Map 9 b. Onsite public sewer system, as shown on the Tentative Map 10 c. Onsite public reclaimed water system, as shown on the Tentative Map (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 13 shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 14 . 54. Developer shall preliminarily design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with City 16 Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle 17 ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 1 o Final Map Notes 20 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: 23 a. El Camino Real frontage improvements 24 b. Public water system 25 c. Public sewer system 26 d. Public reclaimed water system 27 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. PC RESO NO. 6403 -14- 57. Geotechnical Caution: 2 a. The owner of this property on behalf of itself and all of its successors in interest has 3 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its c- construction, operation or maintenance. 6 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 7 Carlsbad Engineering Standards. g 59. The owner of this property on behalf of itself and all of its successors in interest has 9 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 10 or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the City approved development plans; or by the 11 design, construction or maintenance of the drainage system or other improvements , 2 identified in the City approved development plans. 13 Utilities 14 60. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 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 15 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 17 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. jo At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 20 62. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 21 for connection to public facilities. 22 63. The Developer shall design landscape and irrigation plans utilizing recycled water as a 23 source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 24 64. 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 25 reflected on public improvement plans. 27 65. The Developer shall install sewer laterals and clean-outs at locations approved by the District Engineer. The locations of sewer laterals shall be reflected on public 28 improvement plans. PC RESO NO. 6403 -15- 66. The Developer shall design and construct public water, sewer, and recycled water 2 facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. 3 67. The Developer shall provide separate potable water meters for each separately owned 4 unit. 68. Developer shall evaluate in detail the entire potable water, recycled water, and sewer 6 system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. 7 69. The Developer shall meet with and obtain approval from the Vallecitos Water District regarding sewer infrastructure within the boundaries of this project. 9 70. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, 10 that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall 1 * be submitted concurrently with the improvement plans for the project and the study shall , 2 be prepared to the satisfaction of the District Engineer. 13 71. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a sewer siphon required to serve the project. Said plans shall be 14 prepared to the satisfaction of the City Engineer. Code Reminder 16 72. The project is subject to all applicable provisions of local ordinances, including but not 17 limited to the following: 15?a. The tentative map shall expire two years from the date on which the Planning i n Commission voted on the application. 20 b. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. Developer shall pay 21 traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the _ City of Carlsbad Municipal Code, respectively. 23 73. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 24 74. 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 2/- permit issuance, except as otherwise specifically provided herein. 27 28 PC RESO NO. 6403 -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 April 2, 2008, by the following vote, to wit: 15 AYES: Commissioners Boddy, Douglas, Montgomery, and Chairperson Whitton 16 NOES: Commissioner Baker17 10 ABSENT: Commissioners Cardosa and Dominguez 19 ABSTAIN: 20 21 22 /FRANK WHITTON, Chairperson 23 CARLSBAD PLANNING COMMISSION 24 25 ATTEST: 26 27 DON NEU Planning Director PC RESO NO. 6403 -17-