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
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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.
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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.
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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
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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.
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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.
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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-
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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-