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HomeMy WebLinkAbout2009-07-15; Planning Commission; Resolution 6605PLANNING COMMISSION RESOLUTION NO. 6605 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 06-13 TO SUBDIVIDE A 10.16 ACRE 3 SITE INTO 26 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT ON PROPERTY GENERALLY LOCATED AT 4 THE NORTHEAST END OF CAMINO HILLS DRIVE ALONG 5 THE WEST SIDE OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 24. 6 CASE NAME: TAB ATA 10 CASE NO.: CT06-13 7 WHEREAS, the Tabata Family, "Developer/Owner," has filed a verified o 9 application with the City of Carlsbad regarding property described as 10 Parcels 1 & 2 of Parcel Map 2481 (County TM9612-1), in the City of Carlsbad, County of San Diego, State of California Rec. 11 March 21, 1974 in the Office of the County Recorder of said San Diego County 13 ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "L" dated July 15, 2009, on file in the Planning Department 16 TABATA 10 - CT 06-19, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and 17 WHEREAS, the Planning Commission did, on the 15th day of July, 2009, hold a18 duly noticed public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors 22 relating to the Tentative Tract Map. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 Commission of the City of Carlsbad as follows:25 y A) That the foregoing recitations are true and correct. 27 B) That based on the evidence presented at the public hearing, the Commission APPROVES TABATA 10 - CT 06-13 based on the following findings and subject to the following conditions: Findings: 2 1. That the proposed map and the proposed design and improvement of the subdivision as 3 conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State 4 Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all regulations governing subdivisions and all minimum requirements of Titles 20 and 21 governing lot sizes and configurations and the project has been designed to comply with all other applicable regulations including Title 21 and the Mello II Segment of the Certified Local Coastal Program. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Low-Medium Density (RLM) residential development on the General Plan, and that the subject property is designated RLM (0- 4 du/ac) and will be developed at a project density (3.03 du/ac) that is within the I 0 density range. II 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 12 proposed, in that all required development standards of the R-l zone and Title 21 are . _ complied with without the need for variances from development standards. 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 15 public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements and the project is required to dedicate public road and , utility easements associated with the tentative map. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19 6. That the design of the subdivision provides, to the extent feasible, for future passive or 20 natural heating or cooling opportunities in the subdivision, in that lots are oriented in an east-west alignment for a southern exposure which will allow for passive heating or cooling opportunities to the extent possible. 22 7. That the Planning Commission has considered, in connection with the housing proposed 23 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 24 resources. 25 8. That the design of the subdivision and improvements are not likely to cause substantial - environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site is primarily a disturbed former agriculture site and 27 has been designated as a development area by the City of Carlsbad Habitat Management Plan (HMP), and the project will implement the required mitigation 28 measures contained in the Tabata 10 Mitigation Monitoring and Reporting Program to mitigate potential impacts to migratory birds. PC RESO NO. 6605 -2- 9. That the discharge of waste from the subdivision will not result in violation of existing 2 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 3 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 4 System (NPDES) Requirements. 10. 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 the staff report dated July 15,2009, including, but not limited to the following: a. Land Use - the subject property is designated RLM (0-4 du/acre with a 3.2 du/acre Growth Management Control Point density). The proposed project (26 lots on 8.57 net acres) has a density (3.03 du/acre) that is within the RLM density range 10 b. Housing - The project is consistent with the Housing Element of the General 11 Plan and Inclusionary Housing Ordinance as the developer has been conditioned to purchase 5 credits in a combined inclusionary housing project or provide 5 inclusionary units onsite. 1 ^c. Open Space and Conservation - The project will conform to all NPDES 14 requirements. 15 d. Noise - A project specific noise study for the Tentative Map identified that an interior noise assessment to determine proper architectural treatments (i.e., 16 specialized door and window treatments) be required for Lot 1 where the CNEL exceeds 45 dB(A) at the second story. The remainder of the project site, with the 17 construction of the proposed sound berm, currently meets the interior 45 dB(A) CNEL and exterior 60 dB(A) CNEL noise standards. 19 e. Public Safety - The project will install new fire hydrants consistent with Public Safety Requirements. 20 f. Circulation - The project will construct public streets to serve the development 21 and the circulation system is designed to provide adequate access to each of the proposed lots and complies with all applicable City design standards. 23 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 24 and all City public facility policies and 24 ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection 25 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 concurrent with need. 27 a. The project has been conditioned to provide proof from the Carlsbad Unified 28 School District that the project has satisfied its obligation for school facilities. PC RESO NO. 6605 -3- b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and 2 will be collected prior to issuance of building permit. 3 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. 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 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 7 public facilities and will mitigate any cumulative impacts created by the project. 8 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 24. ,r, 14. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 11 15. The Planning Commission hereby finds that all development in Carlsbad benefits from 12 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by 15 the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic, and environmental benefits from the 16 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan 19 16. The Planning Commission has reviewed each of the exactions imposed on the Developer 20 contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 22 „ ..Conditions; 23 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map 24 recordation or issuance of a grading permit, whichever occurs first. 25 1. If any of the following conditions fail to occur, or if they are, by their terms, to be 25 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 27 revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy ° issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said PC RESO NO. 6605 -4- 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. 3 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them 4 internally consistent and in conformity with the final action on the project. Development r shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 6 3. Developer shall comply with all applicable provisions of federal, state, and local laws and 7 regulations in effect at the time of building permit issuance. g 4. If any condition for construction of any public improvements or facilities, or the payment 9 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 10 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 12 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold 13 harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims 14 and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or 16 nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, 17 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 survives until all legal proceedings have been concluded and continues even if the City's I 9 approval is not validated. 20 6. Developer shall implement, or cause the implementation of, the Tabata 10 Project Mitigation Monitoring and Reporting Program. 21 22 7. 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. 23 8. Developer shall include, as part of the plans submitted for any permit plancheck, a 24 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 26 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 27 obligation to provide school facilities. 98zo 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 24 Local Facilities Management Plan and any amendments made to PC RESO NO. 6605 -5- that Plan prior to the final map recordation or issuance of a grading permit, 2 whichever occurs first. 3 11. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and GPA 06-04, LCPA 06-02, 4 ZC 06-03, SUP 06-08, CDP 06-19 and HDP 07-03 and is subject to all conditions c contained in Planning Commission Resolutions No. 6601, 6602, 6603, 6604, 6606, 6607 and 6608 for those other approvals incorporated herein by reference. 6 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 8 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 9 facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 10 13. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 12 to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu 13 Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has , r determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the 16 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 17 occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 19 14. Developer Prior to approval of the final map for any phase of this project, or where a map 20 is not being processed, prior to issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to purchase 5 inclusionary housing credits from a combined inclusionary housing project located 22 in the Northwest Quadrant or provide 5 affordable second dwelling units onsite in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad 23 Municipal Code. The draft Affordable Housing Agreement shall be submitted to the Planning Director no later than 60 days prior to the request for the final map. The 24 recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 26 15. Developer shall construct the required inclusionary units concurrent with the project's market rate units, unless both the final decision-making authority of the City and the 27 Developer agree within an Affordable Housing Agreement to an alternate schedule for development.28 F PC RESO NO. 6605 -6- 16. Developer shall submit and obtain Planning Director approval of a Final Landscape and 2 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping as 3 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The landscape plan shall include trees, shrubs, and/or vines of a size and variety that will provide privacy for the Camino r Hills development occupants adjacent to lots 11, 12, and 13 of the Tabata 10 development. 6 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the 7 landscape plancheck process on file in the Planning Department and accompanied by the project's building, improvement, and grading plans.o 9 18. "Prior to removal or damage of any active nests or any tree pruning or removal operations during the prime nesting season, that being from March 15 to May 30, a certified 10 biologist shall survey the trees to determine if there are any active nests within 500 feet of the area of tree removal or pruning. If any active nests are located within 500 feet, no tree pruning or removal operations can occur until the nests are vacated or until the end of the i /j prime breeding season, whichever occurs later. 13 In addition, prior to any tree removal or pruning operations proposed outside of the prime nesting season but within the period of January 15 to August 31, a confirmation is 14 required from a certified biologist that no disturbance to active nests or nesting activities would occur. Documentation from the certified biologist consistent with these requirements shall be submitted to the Planning Director for review and approval. A note \ 5 to this effect shall be placed on the construction or grading plans." 17 19. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building j 9 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 20 Planning Director. At a minimum, the CC&Rs shall contain the following provisions: 21 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. 23 b. Notice and Amendment. A copy of any proposed amendment shall be provided to 24 the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. 26 c. Failure of Association to Maintain Common Area Lots and Easements. In the 27 event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article , Section 28 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 PC RESO NO. 6605 -7- written notice to the Association, with a copy thereof to the Owners in the Project, 2 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 3 (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be c entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 6 d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and 9 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 10 pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of 12 receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be 13 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 14 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 assessment against the Owners of each Lot in 16 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 17 lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in 20 accordance with the procedures set forth in Article of this Declaration. 21 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit L. 23 f Aircraft Noise Disclosure: A disclosure shall be included that this property is subject to overflight, sight and sound of aircraft operating from McClellan- 24 Palomar Airport. oc 20. 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 Planning Director. Said facilities, if required, shall be free from advertising and shall at a 27 minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 28 PC RESO NO. 6605 -8- 21. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 2 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 3 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 24, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this c approval will not be consistent with the General Plan and shall become void. 6 22. Developer shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. 7 23. Developer shall report, in writing, to the Planning Director within 30 days, any address change from that which is shown on the permit application. 9 24. Prior to the issuance of the final map or grading permit, whichever occurs first, 10 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 12 parties and successors in interest that the City of Carlsbad has issued a GPA 06-04, LCPA 06-02, ZC 06-03, CT 06-13, SUP 06-08, CDP 06-19 and HDP 07-03 by 13 Planning Commission Resolutions No. 6602, 6603, 6604, 6605, 6606, 6607 and 6608 on the property. Said Notice of Restriction shall note the property description, location of the 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 Planning Director has the authority to execute and record an amendment to the notice 16 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 17 25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 20 26. Developer shall post a sign in the sales office in a prominent location that discloses which 21 special districts and school district provide service to the project. Said sign shall remain 22 posted until ALL of the units are sold. 23 27. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property 24 may be subject to noise impacts from the El Camino Real Transportation Corridor, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 26 28. Prior to the recordation of the first final tract map or the issuance of building permits, 27 whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). PC RESO NO. 6605 -9- 1 2 29. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be 3 approved by the Planning Director (see Noise Form #3 on file in the Planning Department. 4 ,- 30. Prior to the issuance of building permits, an interior noise assessment to determine proper architectural treatments (i.e., specialized door and window treatments) shall 6 be required for all project lots where the CNEL exceeds 60 dBA at the second story (as identified by Investigative Science and Engineering in the acoustical site 7 analysis: Tabata TPM Residential Development - Carlsbad, CA, ISE Report #06- 021, 7/26/07). o 9 31. The future development of CT 06-13 with single-family residential structures shall require the processing of a Scenic Corridor Special Use Permit and compliance with 10 the El Camino Real Corridor Development Standards (including maximum building height) unless each lot is developed individually. 12 ire: 13 32. Based on a review of the tentative tract map, for lots where future homes will provide less than ten feet of separation (eave-to-eave), automatic fire sprinklers shall 14 be required and water meter services shall be W3A. A note to this effect shall be added to the final map, and compliance with this requirement shall be demonstrated on any future submittal that requests approval for homes on this tentative tract 16 17 Engineering; 1 8° 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. 20 General 21 33. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer 23 for the proposed haul route. 24 34. Developer shall submit to the Planning Director, a reproducible 24" x 36", mylar copy of the Site Plan, Conceptual Grading Plan, and Preliminary Utility Plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the Planning Director, reviewed and, if acceptable, signed by the City's project engineer and project planner prior to submittal of the building plans, improvement 27 plans, grading plans, or final map, whichever occurs first. 28 35. 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 PC RESO NO. 6605 -10- private improvements within this subdivision, including but not limited to street trees, 2 pedestrian walkway, landscaping, and water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs 3 of such maintenance in an equitable manner among the owners of the properties within this subdivision. 4 t- 36. There shall be one Final Map recorded for this project. 6 37. Developer shall install sight distance corridors at all street intersections in accordance with City Engineering Standards. 7 38. Prior to approval of Improvement Plans, Grading Plans or Final Map, Developer shall submit to the City Engineer written approval from North County Transit District (NCTD) 9 demonstrating mass-transit improvement requirements for this project have been satisfied. 10 Fees/Agreements ,~ 39. 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. 13 40. Developer shall cause property owner to execute and submit to the City Engineer for 14 recordation the City's standard form Drainage Hold Harmless Agreement. 41. Developer shall cause property owner to process, execute and submit an executed copy to 16 the City Engineer for recordation a City standard Permanent Storm water Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all 17 treatment control, applicable site design and source control, post-construction permanent Best Management Practices prior to the issuance of a Grading Permit or Building Permit, 1 ° or the recordation of a Final Map, whichever occurs first for this Project. 19 42. Developer shall cause property owner to execute, and submit to the City Engineer for 20 recordation, a City Standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map. The deed restriction document shall: 21 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 23 property owner; and C. State that all future use of the property along the drainage course will not restrict, 24 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 2^ nuisance. 26 43. Prior to approval of any grading or building permits for this project, Developer shall 27 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 28 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an PC RESO NO. 6605 -11- additional Street Lighting and Landscaping District. Said written consent shall be on a 2 form provided by the City Engineer. 3 44. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Street Tree Maintenance Agreement. 4 c Grading 6 45. 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 7 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.8 9 46. 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 10 post security per City Code requirements. 1 47. 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 City Engineer, a temporary grading, construction or slope easement or agreement from 13 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 14 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 1 6 and Planning Director. 17 48. Developer shall comply with the City's Storm water Regulations, latest version, and shall implement best management practices at all times. Best management practices include 1 ° but are not limited to pollution treatment practices or devices, erosion control to prevent , o silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 20 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or storm water conveyance system to the maximum extent practicable. Developer shall 21 notify prospective owners and tenants of the above requirements. 22 49. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 23 receipt of a Notice of Intention from the State Water Resources Control Board. 24 50. 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 25 (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 Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall 27 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. 28 PC RESO NO. 6605 -12- 51. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 2 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 3 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 4 t- 52. 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 6 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and 7 evaporation of run-off before run-off leaves the site. Developer shall incorporate LID techniques using current County of San Diego Low Impact Development Handbook (Storm water Management Strategies). LID techniques include, but are not limited to: 9 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 10 Dedications/Improvements , 2 53. Developer shall cause Owner to dedicate to the City easements for public street & public utility and storm drain purposes and a 10 feet wide pedestrian access easement for the 13 proposed pedestrian ramp on lot 27 as shown on the Tentative Map. The offer shall be made by a certificate on the Final Map. All land so offered shall be free and clear of all 14 Hens 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. 16 54. Developer shall prepare and process public improvement plans and, prior to City 17 Engineer approval of said plans, shall 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 improvements as shown on the Tentative Map. Said improvements shall be , o installed to City Standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: 20 a) Street, potable water, sewer, storm drain, and storm water quality treatment 21 devices within Carnino Hills drive and proposed public streets serving this project as shown on the Tentative Map. 23 b) Half street improvements to El Camino Real completing this portion of roadway along the frontage of this project. Improvements include but are not 24 limited to: AC Paving, base, sidewalk, curb, gutter, median, landscaping and utilities, sewer, water and storm drain services to serve this project. •" Additional improvements and offsite transitions may be required to 2/- transition to adjacent improvements. 27 Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 18 months of approval of the 28 subdivision or development improvement agreement or such other time as provided in said agreement. PC RESO NO. 6605 -13- Non-Mapping Notes 2 55. Add the following notes to the Final Map as non-mapping data: 3 A) Developer has executed a City standard Subdivision Improvement Agreement to install and has posted security in accordance with C.M.C. Section 20.16.070 for <- public improvements as shown on the Tentative Map. Said improvements shall be installed to City Standards to the satisfaction of the City Engineer. These 6 improvements include, but are not limited to: 7 a. Street, potable water, sewer, storm drain, and storm water quality treatment devices within Camino Hills drive and proposed public streets serving this project as shown on the Tentative Map. 9 b. Half street improvements to El Camino Real completing this portion of 10 roadway along the frontage of this project. Improvements include but are not limited to: AC Paving, base, sidewalk, curb, gutter, median, landscaping and utilities, sewer, water and storm drain services to serve this project. , ^ Additional improvements and offsite transitions may be required to transition to adjacent improvements. 13 B) No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted 14 to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. C) 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 that may 17 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 1 ° 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 D) Building permits will not be issued for development of the subject property unless the 21 appropriate agency determines that sewer and water facilities are available. 22 E) Geotechnical Caution: 23 1) Slopes steeper than two parts horizontal to one part vertical exist within the 24 boundaries of this subdivision. 2) 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 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, 27 this subdivision due to its construction, operation or maintenance. 28 PC RESO NO. 6605 -14- 1 Utilities 2 56. 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. 57. Developer shall design and construct public facilities within public right-of-way or within 6 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 7 maintenance, access and/or joint utility purposes. Q 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges 9 for connection to public facilities. 10 59. 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 * 1 Department for processing and approval by the District Engineer. 12 60. Developer shall install potable water and/or recycled water services and meters at 13 locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 14 61. The Developer shall install sewer laterals and clean-outs at locations approved by the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 16 62. The Developer shall design and construct public water, sewer, and recycled water 17 facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer and City Engineer. 18 , Q 63. The Developer shall provide separate potable water meters for each separately owned unit within this subdivision. 20 Code Reminders: 21 The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 23 64. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and 24 Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map 2-> are for planning purposes only. 76 65. This tentative map shall expire three years from the date on which the City Council voted 27 to approve this application. 28 66. 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. PC RESO NO. 6605 -15- 67. Developer shall pay a landscape plan check and inspection fee as required by Section 2 20.08.050 of the Carlsbad Municipal Code. 3 68. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 4 e- 69. 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 6 permit issuance, except as otherwise specifically provided herein. 7 70. 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. 9 NOTICE10 1i 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." 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 15 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 10 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 PC RESO NO. 6605 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux, Nygaard, and Chairperson Montgomery MARTELL B. MONTGO^ltKY, Ur£jperson CARLSBAD PLANNING COMMISSION ATTEST: ^L /igfrt DON NEU Planning Director PC RESO NO. 6605 -17-