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HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 65821 PLANNING COMMISSION RESOLUTION NO. 6582 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 08-03 TO 4 SUBDIVIDE 24.39 ACRES INTO 64 RESIDENTIAL LOTS , AND FOUR OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHERLY AND EASTERLY OF 6 THE LA COSTA AVENUE AND RANCHO SANTA FE ROAD INTERSECTION IN THE SOUTHEAST QUADRANT OF THE 7 CITY IN LOCAL FACILITIES MANAGEMENT ZONE 11. CASE NAME: LA COSTA TOWN SQUARE 8 CASE NO.: CT 08-03 9 WHEREAS, La Costa Town Square, LLC, "Developer/Owner," has filed a 10 verified application with the City of Carlsbad regarding property described as 11 A portion of Section 31, Township 12 South and a portion of Section 6, Township 13 South, Range 4 West, San Bernardino 13 Meridian, together with portions of Lots 4 and 5 of Rancho Las Encinitas according to Map thereof No 848, in the City of 14 Carlsbad, County of San Diego, State of California 15 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract 17 Map as shown on Exhibits "A" - "K" for CT 08-03 dated July 1, 2009, on file in the Planning 18 Department LA COSTA TOWN SQUARE - CT 08-03, as provided by Chapter 20.12 of the 2Q Carlsbad Municipal Code; and 21 WHEREAS, the Planning Commission did, on July 1, 2009 and July 15, 2009, 22 hold a duly noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony 24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 25 relating to the Tentative Tract Map.26 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 28 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission 2 RECOMMENDS APPROVAL OF LA COSTA TOWN SQUARE - CT 08- 03, based on the following findings and subject to the following conditions: 3 Findings:4 t- 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 6 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 lots 7 being created satisfy all minimum requirements of Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable regulations. 9 2. That the proposed project is compatible with the surrounding future land uses since 10 surrounding properties are designated Local Shopping Center (L), Office(O), Open Space (OS) and Residential Low-Medium Density (RLM) on the General Plan, in that the Open Space Land Use creates an adequate buffer between the Commercial, . _ Office and Residential Low Medium density Land Uses. 13 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density 14 proposed, in that the project site can accommodate the proposed development while complying with all setback, lot coverage, parking, and height development standards and public facilities requirements specified in the La Costa Master Plan, LFMP Zone 11 and C.M.C. Title 20 and 21. 17 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the 18 public at large, for access through or use of property within the proposed subdivision, in that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with proposed development. 20 5. That the property is not subject to a contract entered into pursuant to the Land 21 Conservation Act of 1965 (Williamson Act). 22 6. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental ~. resources. 25 7. 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 is included in the Habitat Conservation Plan/Ongoing Multi- Species Plan, and the project will implement the required mitigation measures applicable to this site as identified in the La Costa Town Square EIR. 78 8. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality PC RESO NO. 6582 -2- protection in accordance with the City's sewer and drainage standards and the 2 project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. 3 9. The Planning Commission finds that the project, as conditioned herein, is in 4 conformance with the Elements of the City's General Plan, and La Costa Master Plan as amended based on the facts set forth in the staff report dated July 1, 2009 including, but not limited to the following: the project will provide Low-Medium Residential density Land Use consistent with the General Plan and the La Costa Master Plan. 7 10. The project is consistent with the Citywide Facilities and Improvements Plan, the General Plan, La Costa Master Plan, and the Local Facilities Management Plan for Zone 11 and 8 all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or 11 concurrent with need. Specifically, 12 a. The project has been conditioned to provide proof from the Encinitas Union Elementary and San Dieguito Union High School Districts that the project has satisfied its obligation for school facilities. 14 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 15 will be collected prior to issuance of building permit. 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 11. 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 19 requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 21 12. This project has been conditioned to comply with any requirement approved as part of the 22 Local Facilities Management Plan for Zone 11. 23 13. That all necessary public facilities required by the Growth Management Ordinance will ^ be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards, in that 25 improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 11 LFMP and the project will 26 comply with the general and special conditions of the zone, and that there have been previous developments approved in the La Costa Master Plan and Villages of La Costa Master Plan that have provided the necessary infrastructure to serve the 28 project. PC RESO NO. 6582 -3- 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal 2 Code Section 14.28.020 and Landscape Manual Section I B). 3 15. 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 4 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. /- Conditions:o 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map, whichever occurs first. 8 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so JQ 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 11 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 12 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 or a successor in interest by the City's approval of this Tentative Tract Map. 14 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 15 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 shall occur substantially as shown on the approved Exhibits. Any proposed development, , 7 different from this approval, shall require an amendment to this approval. 18 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. 19 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project 21 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 22 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 23 _. 5. Developer shall implement, or cause the implementation of, the La Costa Town Square EIR 01-02 Project Mitigation Monitoring and Reporting Program. 25 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 26 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 27 and costs, including court costs and attorney's fees incurred by the City arising, directly 20 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 PC RESO NO. 6582 -4- (c) Developer/Operator's installation and operation of the facility permitted hereby, 2 including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 3 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 4 t- 7. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision- 6 making body. 7 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Encinitas Union Elementary and San Dieguito Union High School Districts that this project has satisfied its obligation to provide school facilities. 9 9. This project shall comply with all conditions and mitigation measures which are required 10 as part of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11 10. This approval is granted subject to certification of EIR 01-02 and the approval of GPA 12 01-02, MP 149(R), LFMP 87-11(C), and HDP 01-05, and is subject to all conditions 13 contained in Planning Commission Resolutions No. 6577, 6578, 6579, 6580, and 6586 for those other approvals incorporated herein by reference. 14 11. Building permits will not be issued for this project unless the local agency providing 15 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 17 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 18 12. 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 2Q 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 21 Local Facilities Management Plan fee for Zone 11, 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 22 approval will not be consistent with the General Plan and shall become void. 23 13. Prior to the approval of the final map for any phase of this project, or where a map is not 24 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 purchase 25 10 affordable housing credits in the Villa Loma housing project. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 2" 60 days prior to the request to final the map. The recorded Affordable Housing 27 Agreement shall be binding on all future owners and successors in interest. 28 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested PCRESONO. 6582 -5- parties and successors in interest that the City of Carlsbad has issued a(n) Tentative 2 Tract Map by Resolution No. CT 08-03 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details 3 and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute ^ and record an amendment to the notice which modifies or terminates said notice upon a <- showing of good cause by the Developer or successor in interest. 6 15. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and 7 the City's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 9 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 10 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans. 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 13 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 14 official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: ,s 1. 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 17 of, or in which the City has an interest. 18 2. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City 20 within 30 days for the official record. 21 3. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the "Common Area Lots and/or the 22 Association's Easements" as provided in Article , Section the »,. City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 24 Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 25 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the 27 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 28 Owners as provided herein. PCRESONO. 6582 -6- 4. Special Assessments Levied by the City. In the event the City has performed the 2 necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the 3 City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in - full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 5 payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, 7 payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special 10 assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot 13 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 14 in accordance with the procedures set forth in Article of this Declaration. 5. Landscape Maintenance Responsibilities. The owners association and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 17.. 18. Developer shall provide bus stops to service this development at locations and with 18 reasonable facilities to the satisfaction of the North County Transit District and the 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 2Q designed to enhance or be consistent with basic architectural theme of the project. 21 19. Developer shall install the noise wall along the Rancho Santa Fe Road frontage in accordance with the noise study prepared for the project and mitigation measure 22 contained within EIR 01-02. The noise wall shall be of same design, color, and materials as the adjacent noise wall to the north within the Villages of La Costa project. 24 20. Developer shall install a non-curb adjacent meandering sidewalk along the Rancho 25 Santa Fe Road frontage to meet up with and continue the existing sidewalk to the north within the Villages of La Costa project.26 27 Engineering Conditions 28 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit whichever occurs first. PCRESONO. 6582 -7- General 2 21. Prior to hauling dirt or construction materials to or from any proposed construction site 3 within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 4 , 22. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has 6 determined that adequate water and sewer facilities are available at the time of permit issuance. 7 23. Developer shall submit to the City Engineer an acceptable instrument, via CC&R's and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, street trees, walkways, landscaping, retaining walls, sound walls, raised 10 medians, traffic calming devices, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs 1 of such maintenance in an equitable manner among the owners of the properties within this subdivision. 24. There shall be one Final Map recorded for this project. 14 25. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards.15 , s Fees/Agreements 17 26. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless 18 Agreement.Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement.Developer shall cause property owner to process, execute and submit an 2Q executed copy to the City Engineer for recordation a City standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual 21 maintenance of all treatment control, applicable site design and source control, post- construction permanent Best Management Practices prior to the issuance of a grading 22 permit or building permit, or the recordation of a final map, whichever occurs first for this Project.Developer shall cause property owner to execute, and submit to the City Engineer for recordation, a City Standard deed restriction on the property which relates to 24 the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: 25 A. Clearly delineate the limits of the drainage course; and B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. State that all future use of the property along the drainage course will not restrict, 28 impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. PC RESO NO. 6582 -8- 27. Developer shall cause property owner to apply for, execute, and submit, to the City 2 Engineer for recordation, an Encroachment Agreement covering private traffic calming devices, retaining or sound walls, foundations, pedestrian walkways, slopes irrigation and 3 landscaping and private BMPs located over proposed public right-of-way or proposed public easements as shown on the tentative map. Developer shall pay processing fees per the City's latest fee schedule. 28. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping 6 District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the 7 subject property into City of SL&LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director. Developer shall pay all fees necessary to annex the 8 property into SL&LD #2. 9 29. Developer shall cause property owner to execute and submit to the City Engineer for 10 recordation the City's standard form Street Tree Maintenance Agreement. 30. Prior to approval of the Final Map, Developer shall cause Property Owner to 1 _ execute and submit to the City for recordation a Prepayment Agreement with the City for prepayment of the obligation for funding to improve Rancho Santa Fe 13 Road, which will satisfy the special condition in the Zone 11 LFMP requiring a financing plan guaranteeing construction of Rancho Santa Fe Road. The 14 Prepayment Agreement shall be in a form to the satisfaction of the City Attorney and City Engineer. Grading 17 31. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and 18 submit plans and technical studies/reports, for City Engineer review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 20 32. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as 21 shown on the Tentative Map all subject to City Engineer approval. 22 33. Developer shall apply for and obtain a grading permit from the City Engineer. Developer shall pay all applicable grading permit fees per the City's latest fee schedule and shall post security per City Code requirements. 24 34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 25 City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be 27 signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. 28 35. This project requires off site grading. No grading for private improvements shall occur outside the project unless Developer obtains, records, and submits a recorded copy, to the PCRESONO. 6582 -9- City Engineer, a temporary grading, construction or slope easement or agreement from 2 the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case 3 Developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and Planning Director. 6 36. Developer shall comply with the City's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 7 but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall 10 notify prospective owners and tenants of the above requirements. 37. 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. 13 38. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan 14 (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water 15 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall ,s address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 17 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 18 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad 20 Municipal Code all to the satisfaction of the City Engineer. 21 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 22 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and evaporation of run-off before run-off leaves the site. Developer shall incorporate LID 24 techniques using current County of San Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to 25 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 26 41. Developer shall submit documentation, subject to City Engineer approval, demonstrating how this project complies with hydromodification requirements per the City's SUSMP, 28 latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). PCRESONO. 6582 -10- Dedications/Improvements 2 42. Prior to recordation of the final map, developer shall make application for 3 easements to be vacated, quitclaimed, or abandoned to the satisfaction of the City Engineer. 4 - 43. Developer shall cause Owner to dedicate to the City and/or other appropriate entities easements for the Public Streets, Drainage Facilities, and Public Utility purposes as 5 shown on the Tentative Map. The offer shall be made by a certificate on the Final Map or by separate recorded document as required by the City or each District. All land so 7 offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. If easements are o created by separate document, recording information shall be placed on the Final Map. 10 44. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the City. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 13 45. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a City standard Subdivision Improvement 14 Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Tentative Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These improvements , , include, but are not limited to: 17 A. Frontage improvements to Rancho Santa Fe Road including parkway and full median improvements, irrigation, landscaping, pavement striping, lane widening, 18 and utility relocation. B. Frontage improvements to the north side of La Costa Avenue including half street overlay or reconstruction to comply with City Standards, pavement striping, lane 2Q transitions, and utility relocation. C. Public street and utility improvements to Sitio Lima, Paseo Tamarindo, and Street 21 "B D. Temporary and permanent offsite storm drainage improvements including 22 detention facilities if required to meet hydromodification requirements of the City's SUSMP, latest version. 24 Prior to submittal of improvement plans for La Costa Ave., the Engineer of Work shall submit detailed cross sections for review and approval of proposed design. 25 Developer shall pay the standard improvement plan check and inspection fees. 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. 28 46. Prior to the approval of the Final Map the developer shall pay a fair share contribution for improvements to the intersection of Rancho Santa Fe Road and San Marcos Boulevard located in the City of San Marcos. The fair share PC RESO NO. 6582 -11- contribution, per the Caltrans Method for Calculating Equitable Mitigation 2 Measures, has been determined to be $744 based on a 0.07% cumulative impact of the project traffic through the intersection and the Private Developers Obligations 3 ($1,080,000) of the intersection improvements as shown in the San Marcos FY 2009- 2010 Capital Improvement Project Detail. Project fair share contribution to be adjusted at time of payment based on the Engineering News Record (ENR) Index. 47. Developer shall prepare and process improvement plans and, prior to approval, shall 6 execute a City standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public signal improvements 7 shown on the Tentative Map. Said improvements shall be installed by Developer to City Standards to the satisfaction of the City Engineer. More specifically, these signal improvements include but are not limited to constructing a new fully actuated traffic signal including all appurtenances and traffic signal interconnect conduit and cable at the intersection of La Costa Avenue and Camino De Los Coches. Developer shall install 10 the traffic signal only with written authorization from the City Engineer. Developer shall pay the standard improvement plan check and inspection fees. 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 13 said agreement. The developer/owner may be eligible for partial reimbursement from the City's Traffic Impact Fee program. A reimbursement agreement must be approved by 14 the City prior to the final map recordation. 48. Developer shall cause Owner to waive direct access rights on the final map for all lots ,,- abutting Rancho Santa Fe Road and La Costa Ave., except locations as shown on the tentative map. 17 49. Rancho Santa Fe Road shall be dedicated by Owner along the project frontage based on a 18 street center line to right of way width of 63-feet (plus additional right of way for turn lanes, bus turnouts, utility services and transitions) as shown on the Tentative Map and in conformance with City of Carlsbad Standards. 20 50. La Costa Avenue shall be dedicated by Owner along the project frontage based on a 21 street center line to right of way width of 42-feet (plus additional right of way for turn lanes, utility services and transitions) as shown on the Tentative Map and in conformance 22 with City of Carlsbad Standards. 23 51. Developer shall provide all-weather maintenance access roads to the public drainage 24 facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the City Engineer. Where maintenance access roads are not practical and/or permitted, Developer 25 shall incorporate low-maintenance design features to the satisfaction of the City Engineer. 27 Non-Mapping Notes 28 52. Add the following notes to the final map as non-mapping data: A. Developer has executed a City standard Subdivision Improvement Agreement and PCRESONO. 6582 -12- has posted security in accordance with C.M.C. Section 20.16.070 obligating 2 Developer to install public improvements shown on the tentative map. These improvements include, but are not limited to: 3 1. Frontage improvements to Rancho Santa Fe Road including parkway and full median improvements, irrigation, landscaping, pavement striping, lane <- widening, and utility relocation. Frontage improvements to the north side of La Costa Avenue including half 6 street overlay or reconstruction to comply with City Standards, pavement striping, lane transitions, and utility relocation. 7 3. Public street and utility improvements to Sitio Lima, Paseo Tamarindo, and Street "B".o 4. Temporary and permanent offsite storm drainage improvements including o detention facilities if required to mitigate hydromodification requirements of the City's SUSMP, latest version. 10 B. Developer has executed a City standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public signal improvements shown on the Tentative Map. These signal improvements include but are not limited to constructing a new fully actuated traffic signal 13 including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of La Costa Avenue and Camino De Los Coches. 14 C. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. D. Geotechnical Caution: 17 The owner of this property on behalf of itself and all of its successors in interest 18 has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 2Q subdivision due to its construction, operation or maintenance. 21 E. 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 22 defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 24 F. 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 25 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. 28 PC RESO NO. 6582 -13- 1 Utilities 2 53. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 3 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 satisfaction of the District Engineer. 54. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 55. The Developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the District Engineer. 9 56. The Developer shall meet with and obtain approval from the Leucadia Wastewater 10 District regarding sewer infrastructure available or required to serve this project. 11 57. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding potable water infrastructure available or required to serve this project. I -, 58. The Developer shall meet with and obtain approval from the Olivenhain Municipal Water District regarding recycled water infrastructure available or required to serve this project. 14 Code Reminders: 15 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 17 59. This tentative map shall expire three years from the date on which the City Council voted 18 to approve this application. 60. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. 21 The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, 22 Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the 23 City to successfully acquire said property by condemnation. 24 61. Developer shall pay traffic impact fees based on Section 18.42 of the City of Carlsbad 25 Municipal Code. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 26 62. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 28 63. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PCRESONO. 6582 -14- 64. Approval of this request shall not excuse compliance with all applicable sections of the 2 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 3 65. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 6 Code Section 18.04.320. 7 67. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. NOTICE10 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 12 "fees/exactions." 13 You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for , <- processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 16 annul their imposition. 17 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 19 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 20 expired. 21 22 23 24 25 26 27 28 PCRESONO. 6582 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 15, 2009, by the following vote, to wit: Commissioners Baker, Boddy, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery AYES: NOES: ABSENT: ABSTAIN: Commissioner Dominguez MARTEErB. MONTGOMERY, CMWperson CARLSBAD PLANNING COMMUNION ATTEST: DON NEU Planning Director PCRESONO. 6582 -16-