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HomeMy WebLinkAbout2008-06-04; Planning Commission; Resolution 6421PLANNING COMMISSION RESOLUTION NO. 6421 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 06-14 FOR THE DEMOLITION OF A 3 35-BED SENIOR CARE FACILITY, SUBDIVISION OF A .90 ACRE LOT, AND THE DEVELOPMENT OF A 50-UNIT AIR- 4 SPACE SENIOR CONDOMINIUM PROJECT WITH THREE 5 RESIDENTIAL LEVELS OVER AN UNDERGROUND GARAGE LOCATED ON THE SOUTHEAST CORNER OF 6 PALM AVENUE AND HARDING STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1. 7 CASE NAME: HARDING STREET SENIOR CONDOMINIUMS 8 CASE NO.: CT 06-14 9 WHEREAS, Paragon Investment, LLC, "Developer and Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 12 AH of Lot 5 and Lot 6 and the northerly 4.85 feet of Lot 4 in Block "B" of the resubdivision of a portion of Alles Avocado 13 Acres, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2027, filed in the 14 Office of the County Recorder of San Diego County, May 17, 1927, and; That part of that portion of Lots 7 and 8 in Block "B" of the 16 resubdivision of a portion of Alles Avocado Acres as shown on map No. 2027, filed in the Office of the County recorder of San 17 Diego County, May 17, 1972, as said portion was conveyed to the State of California, by deed recorded January 6, 1967 as file No. 1884 of official records of San Diego County. 19 ("the Property"); and 20 WHEREAS, said verified application constitutes a request for a Tentative Tract 21 Map as shown on Exhibits "A"-"Z" dated June 4, 2008, on file in the Planning Department 23 HARDING STREET SENIOR CONDOMINIUMS CT 06-14, as provided by Chapter 20.12 24 of the Carlsbad Municipal Code; and 2<WHEREAS, the Planning Commission did, on June 4, 2008, hold a duly noticed 26 public hearing as prescribed by law to consider said request; and 27 28 WHEREAS, at said public hearing, upon hearing and considering all testimony 2 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 3 relating to the Tentative Tract Map. 5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 6 Commission of the City of Carlsbad as follows: 7 A) That the foregoing recitations are true and correct. o B) That based on the evidence presented at the public hearing, the Commission 9 APPROVES HARDING STREET SENIOR CONDOMINIUMS CT 06-14, based on the following findings and subject to the following conditions: 10 Findings:11 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 13 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 14 project implements goals and policies of the General Plan as discussed in the staff report including the provision of housing for lower and moderate income senior ^ households, the project is consistent with all requirements of Title 20 including lot I f width and public street frontage, the project complies with all applicable regulations of Title 21 as modified through SDP 06-12, Planning Commission Resolution No. 17 6423. The project has been processed consistent with the Subdivision Map Act including the provision of public notice. 18 2. That the proposed project is compatible with the surrounding future land uses since ^ surrounding properties are designated for Residential Medium High (RMH) and 2Q Residential Medium (RM) density development on the General Plan, in that surrounding properties either are or may be developed as multi-family residential 21 projects consistent with the RMH and RM Land Use designations and the General Plan allows for density increases with the provision of housing for lower income 22 households. The project is compatible with adjacent land uses in that other multi- family residential developments in the vicinity have a similar mass and appearance. Properties to the north and south of the site are zoned R-3 and have the same 24 development standard parameters for regulating building location, height, and mass. As these sites develop, their development envelope will have the potential of 25 matching that of the project. Furthermore, the project is similar to other senior citizen housing projects in the Carlsbad Village Redevelopment Area which have densities ranging from 63.5 to 75 dwelling units per acre and the project has a 2i similar building mass and appearance as those senior citizen housing developments and other multi-family residential developments in the general vicinity. 28 PCRESONO. 6421 -2- 3. That with the application of standards modifications, the site is physically suitable 2 for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3 4. That the Planning Commission of the City of Carlsbad does hereby find: 4 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration for the Harding Street Senior Condominiums, the environmental 5 impacts therein identified for this project and said comments thereon, and the Program, on file in the Planning Department, prior to ADOPTING the 7 project; and o b. the Mitigated Negative Declaration and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of 10 the City of Carlsbad; and c. they reflect the independent judgment of the Planning Commission of the City of Carlsbad; and 13 d. based on the EIA Part II and comments thereon, the Planning Commission, finds that there is no substantial evidence the project will 14 have a significant effect on the environment 5. That the design of the subdivision or the type of improvements will not conflict with , , easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 17 that there are no public or private access easements on the project site. 18 6. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19 7. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented to take advantage of shade or prevailing breezes. 22 8. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 23 against the public service needs of the City and available fiscal and environmental resources.24 ~<- 9. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 26 habitat, in that the site and surrounding properties are within an urbanized area that does not include fish or wildlife habitat. 27 10. 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 PCRESONO. 6421 -3- been designed with the incorporation of Best Management Practices according to a 2 Storm Water Management Prevention Plan. 3 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan based on the facts set forth in 4 the staff report dated June 4, 2008 including, but not limited to the following: that all public facilities required to service the project will be provided for the requested increase in density, that approval of the project will not cause the quadrant cap to 5 be exceeded, and that the project contributes to a wide variety of senior housing opportunities and especially for lower-income seniors. 7 12. 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 n ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 10 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 11 project will be installed to serve new development prior to or concurrent with need. Specifically, 13 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for 14 school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, i A and will be collected prior to issuance of building permit. 17 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. 18 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 2Q 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 21 public facilities and will mitigate any cumulative impacts created by the project. 22 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 94 14. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facility plans 25 will not be adversely impacted, in that the project will have only an incremental increase in the demand for public facilities over the existing 35 bed senior care 26 facility. The proposed project's ultimate demand for public services is within the capacity limits of the existing public facilities and no new facilities are required to be constructed to accommodate the proposed use. In addition, prior to the issuance 2g of a building permit, the project will pay appropriate impact fees based on the number of project units. PCRESONO. 6421 -4- 15. That there have been sufficient developments approved in the quadrant at densities below 2 the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 3 16. That all necessary public facilities required by the Growth Management Ordinance will 4 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 all of the facilities within Zone 1 were found to be adequate with the original adoption of the 5 Zone 1 Local Facilities Management Plan in 1987, no new facilities are required to be constructed to accommodate the proposed use, and the project will pay the 7 appropriate impact fees based on the number of project units. 8 17. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section IB). IQ 18 That the project site is located adjacent to Interstate 5 and is subjected to high noise levels generated by traffic on Interstate 5 and the exterior noise levels impacting the 11 project on the north, south, and east elevations are such that mitigating noise levels to 60 dBA CNEL on the required private outdoor patios and balconies is infeasible 12 and socially undesirable since the required amount of attenuation would nearly enclose the space and would defeat the benefit of having an outdoor space. That the opportunity for future residents to have access to private outdoor space is an 14 overriding social consideration and the project has been conditioned to notify all purchasers of the impacted units in writing and by deed disclosure in writing, prior 15 to the purchase, that the unit they are purchasing is impacted by exterior noise levels that do not meet Carlsbad exterior noise standards for residential property.16 19. 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 18 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. 19 Conditions: 20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map or issuance of a grading permit, whichever occurs first. 22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 23 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 revoke or modify all approvals herein granted; deny or further condition issuance of all 25 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 26 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 2' or a successor in interest by the City's approval of this Tentative Tract Map. 28 PCRESONO. 6421 -5- Staff is authorized and directed to make, or require the Developer to make, all corrections 2 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 3 shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval.4 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6 4. If any condition for construction of any public improvements or facilities, or the payment 7 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid 9 unless the City Council determines that the project without the condition complies with all requirements of law. 10 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 -, j representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly 13 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (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 15 facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's 17 approval is not validated. 1R 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. 20 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. 22 8. Developer shall implement, or cause the implementation of, the Harding Street Senior 23 Condominiums Project Mitigation Monitoring and Reporting Program which is attached to Planning Commission Resolution No. 6424. 24 9. 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 25 obligation to provide school facilities. 27 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 Plan prior to the issuance of building permits. PCRESONO. 6421 -6- 11. This approval is granted subject to the approval of CP 06-12 and SDP 06-12 and is 2 subject to all conditions contained in Planning Commission Resolutions No. 6422 and 6423 for those other approvals incorporated herein by reference. 3 12. 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 time of the application for the building permit, and that water and sewer capacity and 6 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 7 „ 13. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 9 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable 10 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 approval will not be consistent with the General Plan and shall become void. 12 14. Prior to recordation of the final map, Developer shall submit to the City a Notice of 13 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 14 Director, notifying all interested parties and successors in interest that the City of ,r Carlsbad has issued a(n) Tentative Tract Map by Resolution(s) No. 6421 on the property. Said Notice of Restriction shall note the property description, location of the 16 file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The 17 Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 19 15. Prior to the approval of the final map for any phase of this project, or where a map is not 20 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 ^ deed restrict 8 dwelling units to low income senior households and 7 dwelling units to 22 moderate income senior households for 45 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft 23 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 24 Agreement shall be binding on all future owners and successors in interest. 25 16. Developer shall construct the required inclusionary units concurrent with the project's 26 market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for 27 development. 2° 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 PCRESONO. 6421 -7- the City's Landscape Manual. Developer shall construct and install all landscaping as 2 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 3 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the c- project's building, improvement, and grading plans. 6 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 7 by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the 9 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 10 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 12 b. Notice and Amendment. A copy of any proposed amendment shall be provided to 13 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 14 transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the 16 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 17 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 Association, with a copy thereof to the Owners in the Project, , o setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty 20 (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 21 Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 23 d. Special Assessments Levied by the City. In the event the City has performed the 24 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs9Sincurred by the City to perform such maintenance of the Common Area Lots and 26 or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to 27 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 28 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 PCRESONO. 6421 -8- within the period specified, payment shall be deemed delinquent and shall be 2 subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by 3 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 4 the City, the City may levy a special assessment against the Owners of each Lot in 5 the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing 6 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 7 assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 9 accordance with the procedures set forth in Article of this Declaration. 10 e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . , 2 f Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in 13 Exhibit . 14 g. Parking. Parking is assigned for each unit as set forth in Exhibit . h. Storage. Storage areas for each unit are assigned as shown on Exhibit . 16 20. This project is being approved as a condominium permit for residential homeownership 17 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. 19 21. Prior to issuance of building permits, the Developer shall submit to the Planning Director 20 a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 21 22. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the 23 Planning Director. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be 24 designed to enhance or be consistent with basic architectural theme of the project. 7*i 23. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2/r 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 27 Directors of Community Development and Planning. 28 24. 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 PCRESONO. 6421 -9- or made available to the public shall include but not be limited to trails, future and 2 existing schools, parks, and streets. 3 25. 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 posted until ALL of the units are sold. 26. Prior to the recordation of the final map or the issuance of building permits, whichever 6 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 7 meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 8 9 27. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal 10 Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 12 28. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 13 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 14 29. Walkways and hallways in the common areas shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking, and shall have lighting conditions that are of sufficient brightness to assist persons who have difficulty seeing. Compliance with these conditional requirements shall be 17 demonstrated on the building plans submitted for the project. 18 30. To the extent practicable as determined by the Building Official, the interiors of each unit shall be designed to implement the principals of universal design as currently established by the Center for Universal Design at the North Carolina 20 State University, or any other residential design elements for seniors that may currently be established by the California Department of Aging. Compliance with 21 these requirements shall be demonstrated on the building plans submitted for the 22 project. 23 31. Dwelling units shall be provided with the following and all features shall be included on plans submitted for issuance of a building permit: 24 a. Tubs and/or showers equipped with, or adaptable for, at least one grab bar; b. Tubs and/or showers equipped with temperature regulating devices; 26 c. Slip resistant tub and/or shower bottom surfaces; and, d. Peepholes in entry doors. 27 28 PCRESONO. 6421 -10- Engineering: 2 32. Prior to the issuance of a grading permit, the applicant/property owner shall 3 provide evidence to the City Engineer that the project has been coordinated with CalTrans 1-5 North Coast Corridor Project engineers regarding future 1-5 corridor right-of-way needs. 33. Prior to hauling dirt or construction materials to or from any proposed construction 6 site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 7 34. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all 9 the private improvements (e.g. sidewalks, storm drain facilities, potable water submeters and storm water treatment/low impact development measures, etc.) located 10 therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. j2 35. There shall be one Final Map recorded for this project. 13 36. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. 14 37. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 16 38. Developer shall cause property owner to execute and submit to the City Engineer for 17 recordation the City's standard form Drainage Hold Harmless Agreement. 1 R 39. Prior to approval of any grading or building permits for this project, Developer shall I Q cause Owner to give written consent to the City Engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street 20 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 21 form provided by the City Engineer. 22 40. Based upon a review of the proposed grading and the grading quantities shown on the 23 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. 24 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. 26 42. Developer shall comply with the City's requirements of the National Pollutant Discharge 27 Elimination System (NPDES) permit and the City's Standard Urban Storm Water Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to 28 best management practices as referenced in the "California Storm Water Best Management Practices Handbook" to reduce surface pollutants to an acceptable level PCRESONO. 6421 -11- prior to discharge to sensitive areas. Plans for such improvements shall be submitted to 2 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: 3 A. All owners and tenants shall coordinate efforts to establish or work with 4 established disposal programs to remove and properly dispose of toxic and ,. hazardous waste products. 6 B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such 7 fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet g Federal, State, County and City requirements as prescribed in their respective containers. 10 C. Best Management Practices shall be used to eliminate or reduce surface pollutants 1 * when planning any changes to the landscaping and surface improvements. 12 43. Prior to the issuance of grading permit or building permit, whichever occurs first, 13 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 14 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 to the maximum extent practicable storm water pollutant runoff during construction of 16 the project. 17 44. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 1° The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban 19 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 20 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 21 stage of the project. At a minimum, the SWMP shall: 22 a. Identify existing and post-development on-site pollutants-of-concern. 23 b. Identify the hydrologic unit this project contributes to and impaired water bodies that 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 2 extent practicable before discharging offsite; 2g d. Establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to (RESIDENT/EMPLOYEE) education on 27 the proper procedures for handling cleanup and disposal of pollutants. e. Ensure long-term maintenance of all post-construction BMPs in perpetuity. 28 PC RESO NO. 6421 -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 4 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 (SWMP) 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 shall 10 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/strip, rain gardens, and porous pavement, which can greatly reduce the volume, , 2 peak flow rate, velocity and pollutants. 13 47. 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 14 to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees. 16 48. Developer shall execute a City standard Subdivision Improvement Agreement to install 17 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, sidewalks, curbs and gutters, grading, clearing and grubbing, undergrounding or , n relocation of utilities, sewer, water, fire hydrants, street lights, pedestrian ramps, drainage structures, and best management practices for Stormwater treatment. Said improvements 20 shall be installed to City Standards to the satisfaction of the City Engineer. More specifically, these improvements include: 21 a) New driveway entrances on Harding Street and Palm Avenue; b) Public water service connections and fire hydrants as required by Fire 23 Department. 24 (A list of the above shall be placed on an additional map sheet on 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. 27 49. Palm Avenue shall be dedicated by Owner to 10 feet behind the existing curb line at the cul-de-sac bulb in conformance with City of Carlsbad Standards. 28 PCRESONO. 6421 -13- 50. Harding Street shall be dedicated by Owner to create a property line return at the 2 intersection with Palm Avenue in conformance with City of Carlsbad Standards. 3 51. Prior to the approval of a Final Map or a Grading Permit, whichever occurs first, the developer shall apply for and receive approval of a street vacation for a portion of Palm Avenue as shown on the Tentative Map, as identified in the applicable Government Code. Recording information regarding the approval of the street vacation shall be placed on the Final Map. 6 52. Add the following notes to the final map as non-mapping data. 7 a. All improvements are privately owned and are to be privately maintained with the exception of the following: 9 a) Public water services and fire hydrants; b) Public sidewalk and driveway aprons. 10 b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. Geotechnical Caution: The owner of this property on behalf of itself and all of its 12 successors in interest has agreed to hold harmless and indemnify the City of. Carlsbad from any action that may arise through any geological failure, ground 13 water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. d. 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. 16 e. 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 17 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 or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the City approved development plans. 20 53. 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 considered public improvements and shall be served by public water mains to the 23 satisfaction of the District Engineer. 24 54. 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. At the discretion of the District Engineer, wider easements may be required for adequate 26 maintenance, access and/or joint utility purposes. 27 55. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities.28 PCRESONO. 6421 -14- 56. The Developer shall design landscape and irrigation plans utilizing recycled water as a 2 source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 3 57. The Developer shall install potable water and/or recycled water services and meters at locations approved by the District Engineer. The locations of said services shall be - reflected on public improvement plans. 58. The Developer shall install sewer laterals and clean-outs at locations approved by the 6 District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 7 59. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District o Engineer. 10 60. The Developer shall install (potable water and/or recycled water services) and meters at a location approved by the City Engineer. The locations of said services shall be reflected on either new public improvement plans or via a revision to an -, ~ existing improvement plan subject to City processes and fees. 13 61. The Developer shall install sewer laterals and clean-outs at a location approved by the City Engineer. The locations of sewer laterals shall be reflected on either new 14 public improvement plans or via a revision to an existing improvement plan subject to City processes and fees. 62. The design and operation of the proposed water system shall comply with the following: 17 a. Sub-meters may be installed for portions of this project. The sub-meters shall be privately owned and maintained by the Property Owners Association (POA) or Operator of this facility. It shall be the responsibility of the POA/Operator to apportion the water bill to the separate sub-metered 20 ownership within each building served by a City water meter. b. Prior to issuance of building permits for this project, the owner shall create an impound account to be funded with an amount equal to an estimated three months of water bill payments for the entire project. c. Owners and tenants of the units shall be notified that the City may shutoff 23 water service to the entire building if adequate payment of the water bill is not made. 24 d. The project CC&R's shall include wording satisfactory to the City Engineer relating to the provisions of conditions a), b) and c) above. The CC&Rs shall also include language stating that the CC&R provisions related to water 2/c meters cannot be changed without the approval of the City Engineer. 27 Fire: ™ 63. Fire Department approved key switches shall be installed on parking garage gates. PCRESONO. 6421 -15- 64. A KNOX key box shall be installed on any ground floor pedestrian gates that 2 regulate access into the project grounds. 3 65. Garage storage units shall be protected by automatic fire sprinklers; storage unit doors shall have a side-lite or window; and, storage units shall include a chain link horizontal screen, eighteen (18) inches below the fire sprinkler deflector. 5 Code Reminders: 6 66. The project is subject to all applicable provisions of local ordinances, including but not 7 limited to the following: a. The tentative map shall expire two years from the date on which the Planning Commission voted on the application. 9 67. The Average Daily Trips (ADT) and floor area contained in the staff report and 10 shown on the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. 12 68. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as 13 required by Chapter 20.44 of the Carlsbad Municipal Code. 14 69. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 16 70. 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 17 permit issuance, except as otherwise specifically provided herein. 1 R0 71. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 19 Code Section 18.04.320. 20 72. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 21 22 NOTICE 23 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 25 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 26 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 2' processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely ~£ follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. PCRESONO. 6421 -16- 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 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 4,2008, by the following vote, to wit: AYES: Commissioners Baker, Boddy, Cardosa, Douglas, and Chairperson Whitton. NOES: Commissioner Dominguez ABSENT: Commissioner Montgomery ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6421 -17-