Loading...
HomeMy WebLinkAbout2009-12-16; Planning Commission; Resolution 6650PLANNING COMMISSION RESOLUTION NO. 6650 1 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING 3 APPROVAL OF TENTATIVE TRACT MAP AMENDMENT CT 04-10(A) TO SUBDIVIDE 20.4 ACRES INTO TWO 4 RESIDENTIAL LOTS FOR 82 AIRSPACE CONDOMINIUM 5 UNITS AND THREE OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED SOUTHEAST OF THE 6 INTERSECTION OF CASSIA ROAD AND POINSETTIA LANE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL 7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 21. 8 CASE NAME: POINSETTIA PLACE 9 CASE NO.: CT04-10(A) 10 WHEREAS, Sierra Linda Development Company, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Poinsettia 12 Land Company, a California Limited Liability Co., "Owner," described as 13 The north half of the southwest quarter of the southwest 14 quarter of Section 23, Township 12 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof 16 ("the Property"); and 17 WHEREAS, said verified application constitutes a request for a Tentative Tract18 19 Map Amendment as shown on Exhibits "A" - "P" and "Al" - "A31" dated December 16, 20 2009, on file in the Planning Department, POINSETTIA PLACE - CT 04-10(A), as provided 21 by Chapter 20.12 of the Carlsbad Municipal Code; and 22 WHEREAS, the Planning Commission did, on the 16th day of December, 2009, 23 hold a duly noticed public hearing as prescribed by law to consider said request; and 24 WHEREAS, at said public hearing, upon hearing and considering all testimony Z*O 26 and arguments, if any, of persons desiring to be heard, said Commission considered all factors 27 relating to the Tentative Tract Map Amendment. 28 WHEREAS, on November 15, 2006, the Planning Commission recommended 2 approval of, CT 04-10, as described and conditioned in Planning Commission Resolution No. 3 6191.4 5 WHEREAS, on December 19, 2006, the City Council approved, CT 04-10, as 6 described and conditioned in Planning Commission Resolution No. 6191. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Q Commission of the City of Carlsbad as follows: 9 A) That the foregoing recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Commission 1! RECOMMENDS APPROVAL of POINSETTIA PLACE - CT 04-10(A), 12 based on the following findings and subject to the following conditions: 13 Findings; 14 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 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State jg Subdivision Map Act, and will not cause serious public health problems, in that the airspace condominium units being created satisfy all minimum requirements of 17 Titles 20 and 21 governing lot sizes and configuration and have been designed to comply with all other applicable regulations. 18 2. That the proposed project is compatible with the surrounding future land uses since the property to the north is developed as attached town homes, property to the south is 20 vacant but is designated as Residential Low Medium Density (RLM) and is proposed for development with attached multi-family residential, the property east 21 of the site is developed with multi-family apartments, and the property to the west is developed with multi-family apartments. 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 24 proposed, in that the project site can accommodate the proposed residential development while complying with all setback, lot coverage, density, and height 25 development standards and public facilities requirements. 26 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in 2g that concurrent with recordation of the final map, the developer will vacate and adjust any easements that conflict with proposed development. PC RESO NO. 6650 -2- 5. That the property is not subject to a contract entered into pursuant to the Land 2 Conservation Act of 1965 (Williamson Act). 3 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the development is 4 located where cooling coastal breezes reduce the need for mechanical air- conditioning, and construction techniques will deliver high insulation values to reduce the need for mechanical heating, and landscaping will be installed to provide g shade and reduce the temperatures of developed areas. 7 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 8 against the public service needs of the City and available fiscal and environmental resources. . ^ 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 11 habitat, in that the project will implement the required mitigation measures contained in the previously adopted Mitigated Negative Declaration and the 12 Mitigation Monitoring and Reporting Program for CT 04-10. ^ 9. That the discharge of waste from the subdivision will not result in violation of existing ,A California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with Best Management Practices for water quality 15 protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination 16 System (NPDES) requirements. 1 7 10. The Planning Commission finds that the project, as conditioned herein, is in j g conformance with the Elements of the City's General Plan based on the facts set forth in the staff report dated December 16, 2009, in that the project density and housing type 19 is consistent with the intent of the Residential Medium-High Density (RMH) and Residential High Density (RH) Land Use designations and is compatible with the 20 surrounding land uses in that the adjacent land uses are designated Residential 91 Medium Density (RM), RMH, and RH; and that the project will provide fees in-lieu of housing units affordable to lower-income households. 22 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 23 Facilities Management Plan for Zone 21 and 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 25 and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 26 project will be installed to serve new development prior to or concurrent with need. Specifically, 27 ~o a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. PC RESO NO. 6650 -3- b. Park in-lieu fee is required by Carlsbad Municipal Code Chapter 20.44, and will 2 be collected prior to issuance of a 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. 4 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. 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 IQ improvements necessary to maintain compliance with the Growth Management performance standards are contained within the Zone 21 LFMP and the project will 11 comply with the general and special conditions of the zone. 12 14. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned, the applicant shall record a notice concerning aircraft noise as the project is within the Noise 14 Impact Notification Area. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the 15 proposed land use is compatible with the airport, in that no areas of the project are within the 60 CNEL or greater noise contours for the airport.16 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 18 16. The Planning Commission hereby finds that all development in Carlsbad benefits from 19 the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and 20 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 22 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 23 preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in 2 turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on 25 all new development within the City is essential to fund implementation of the City's Habitat Management Plan. 26 17. The Planning Director has determined that: 27 a. Poinsettia Place is a project for which a Mitigated Negative Declaration was 28 previously adopted [15162]; PC RESO NO. 6650 -4- b. this project is consistent with the project cited above; 2 c. the Mitigated Negative Declaration was adopted in connection with the prior 3 project or plan; d. the project has no new significant environmental effect not analyzed as significant r in the prior Mitigated Negative Declaration; 6 e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 7 15163 exist. o 18. The Planning Commission has reviewed each of the exactions imposed on the Developer 9 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 10 degree of the exaction is in rough proportionality to the impact caused by the project. 11 Conditions: 12 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a 13 grading permit or recordation of a final map for CT 04-10(A), whichever occurs first. 14 1. This Planning Commission Resolution No. 6650 supersedes Planning Commission 15 Resolution No. 6191. 16 2. If any of the following conditions fail to occur, or if they are, by their terms, to be 17 implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to * ° revoke or modify all approvals herein granted; deny or further condition issuance of all , Q 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 20 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 21 or a successor in interest by the City's approval of this Tentative Tract Map Amendment. 23 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tract Map Amendment documents, as necessary to make them 24 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, ^ different from this approval, shall require an amendment to this approval. 26 4. Developer shall comply with all applicable provisions of federal, state, and local laws and 27 regulations in effect at the time of building permit issuance. 28 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are PC RESO NO. 6650 -5- challenged, this approval shall be suspended as provided in Government Code Section 2 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 3 all requirements of law. 4 6. Developer shall implement, or cause the implementation of, the Poinsettia Place Project r Mitigation Monitoring and Reporting Program. 6 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 7 representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tract Map Amendment, 9 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 10 (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation 12 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 13 8. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of 14 the Tentative Map Amendment (CT 04-10(A)) reflecting the conditions approved by the final decision-making body. 16 9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing 17 format. 18 10. Prior to the issuance of a building permit, the Developer shall provide proof to the 19 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 20 11. This project shall comply with all conditions and mitigation measures which are required 21 as part of the Zone 21 Local Facilities Management Plan and any amendments made to „„ that Plan prior to the issuance of building permits, including, but not limited to the following: 23 A. Monitor wastewater capacity 24 B. Pay Park-in-lieu fees C. Pay drainage area fees D. Construct Poinsettia Lane frontage improvements 26 12. This approval is granted subject to the previously adopted Mitigated Negative 27 Declaration and Mitigation Monitoring and Reporting Program, Hillside Development Permit HDP 04-05, Habitat Management Plan Permit HMPP 06-08 ^° and is subject to all conditions contained in Planning Commission Resolutions No. 6187, 6193, and 6196 for those other approvals incorporated herein by reference and subject to PC RESO NO. 6650 -6- the approval of Condominium Permit amendment CP 04-05(A) and Coastal 2 Development Permit amendment CDP 04-23(A) and is subject to all conditions contained in Planning Commission Resolutions No. 6651 and 6653 for those other 3 approvals incorporated herein by reference. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the 6 time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 7 shall be placed on the Final Map for CT 04-10(A). 8 14. As a condition of this approval, applicant must comply with the requirements of all 9 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 10 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants, and the habitat necessary for biologically sustainable 19 populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan. 13 15. This project has been found to result in impacts to wildlife habitat or other lands, such as 14 agricultural land, non-native grassland, and disturbed lands, which provide some benefits 1 r 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 16 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 17 vegetation and animal species. The Developer is further aware that the City has 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 General Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee, and the Developer or Developer's successor(s) in 20 interest shall pay the adjusted amount of the fee once it is approved by the City Council. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever 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. 23 16. 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 pay an in- lieu fee for 14 affordable dwelling units. The draft Affordable Housing Agreement 26 shall be submitted to the Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future 27 owners and successors in interest. 17. Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and PC RESO NO. 6650 -7- the City's Landscape Manual. Developer shall construct and install all landscaping as 2 shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 3 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the - project's building, improvement, and grading plans. 6 19. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of City Council approval. The 7 City shallnot issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 90 days, upon a showing of good cause. 9 20. Developer shall establish a homeowner's association and corresponding covenants, 10 conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Department with a recorded copy of the 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: 13 a. General Enforcement by the City. The City shall have the right, but not the 14 obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. 16 b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right 17 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record.18 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 20 Association's Easements" as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If • 21 the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the 23 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 24 maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. 27 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, 28 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 or Association's PC RESO NO. 6650 -8- Easements. The City shall provide a copy of such invoice to each Owner in the 2 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 3 the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, c 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 6 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 7 rights and remedies available to the City, the City may levy a special 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 9 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 10 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 , 2 in accordance with the procedures set forth in Article of this Declaration. 13 e. Landscape Maintenance Responsibilities. The HO As and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit 14 f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit 16 21. Developer shall provide bus stops to service this development at locations and with 17 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 I Q designed to enhance or be consistent with basic architectural theme of the project. 20 22. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for 21 such rental shall be not less than 31 days. The CC&Rs for the project shall include this „_ requirement. 23 23. Prior to issuance of building permits, the Developer shall submit to the Planning Director a recorded copy of the Condominium Plan filed with the Department of Real Estate 24 which is in conformance with the City-approved documents and exhibits. 24. 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 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by 27 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 21, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 6650 -9- 25. All roof appurtenances, including air conditioners, shall be architecturally integrated and 2 concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the 3 Directors of Community Development and Planning. 26. 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. 6 27. Prior to occupancy of the first dwelling unit, the Developer shall provide the main recreation area adjacent to the project entry and all other required passive and active 7 recreational areas per the approved plans, including landscaping and recreational facilities shall be provided prior to occupancy of the 40' unit.8 9 28. Prior to the recordation of the final map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to 10 be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tract Map Amendment by Resolution No. 6650 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 13 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 14 which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16 29. 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 17 or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets.18 i o 30. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain 20 posted until ALL of the units are sold. 21 31. 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 may be subject to noise impacts from the proposed or existing Transportation Corridor, in 23 a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #1 on file in the Planning Department). 24 32. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney 27 (see Noise Form #2 on file in the Planning Department). 33. 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 PC RESO NO. 6650 -10- approved by the Planning Director (see Noise Form #3 on file in the Planning 2 Department). 3 34. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 6 35. Developer shall submit and obtain Planning Director approval of an exterior lighting plan 7 including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. o 9 Engineering: 10 General 36. The tentative map shall expire thirty six (36) months from the date this tentative , ~ map approval becomes final. 13 37. 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 14 for the proposed haul route. 38. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements (e.g. streets, sidewalks, street lights, stormwater quality 17 treatment and storm drain facilities, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 19 39. There shall be one Final Map recorded for this project. 20 40. Developer shall install sight distance corridors at all street intersections in accordance 21 with Engineering Standards. The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. 23 Fees/Agreements 24 41. 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. 42. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area 27 shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. PC RESO NO. 6650 -11- 1 2 Grading 3 43. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 44. Prior to the issuance of grading permit or building permit, whichever occurs first, 6 Developer shall submit for City approval a "Storm Water Pollution Prevention Plan (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions 7 established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of 9 the project. 10 45. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal 13 Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the 14 project. At a minimum, the SWMP shall: a. identify existing and post-development on-site pollutants-of-concern; b. identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; 17 c. recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum ° extent practicable before discharging offsite; d. establish specific procedures for handling spills and routine cleanup. Special considerations and effort shall be applied to resident education on the proper 20 procedures for handling cleanup and disposal of pollutants; e. ensure long-term maintenance of all post-construction BMPs in perpetuity; and 21 f. identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. 23 46. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 24 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 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. 27 47. This project requires off-site grading. No grading for private improvements shall occur 28 outside the limits of this approval unless Developer obtains, records, and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the PC RESO NO. 6650 -12- owners of the affected properties. If Developer is unable to obtain the grading or slope 2 easement, or agreement, no grading permit will be issued. In that case, Developer must either apply for and obtain an amendment of this approval or modify the plans so grading 3 will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. c Dedications/Improvements 6 48. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the 7 Tentative Map. The offer shall be made by a certificate on the Final Map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be 9 rededicated. 10 49. Developer shall provide the design of all private streets and drainage systems to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage , 2 systems shall be inspected by the City. Developer shall pay the standard improvement plancheck and inspection fees. 13 50. Developer shall execute and record a City standard Subdivision Improvement Agreement 14 to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to pavement, signing and striping, sidewalks, curbs and gutters, grading, clearing and 16 grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights and reclaimed water, to City Standards to the satisfaction of the City Engineer. The 17 improvements are: 1 8 a. Sidewalk on Cassia Road across the project frontage. 10 b. Full width improvements to Poinsettia Lane to Major Arterial standards. The costs for full width grading, median curbs, 18 feet of paving on either side of the 20 median, storm drain, right-of-way and environmental mitigation may be credited against the project contribution to Bridge and Thoroughfare District 21 No. 2. c. Offsite median curb improvements to existing Poinsettia Lane, from the westerly project boundary to the intersection with Cassia Road. 23 d. An additional street light on Cassia Road at the easterly curb return of the westerly project entrance. 24 e. Looped public water system and public sewer system. 9S^J 51. A list of the above shall be placed on an additional map sheet on the Final Map per the 2g provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development 27 improvement agreement or such other time as provided in said agreement. 28 52. Developer shall cause Owner to waive direct access rights on the Final Map for all lots abutting Cassia Road. PC RESO NO. 6650 -13- 1 2 53. Poinsettia Lane shall be dedicated by Owner within the project boundaries based on a center line to right-of-way width of 51 feet and in conformance with City of Carlsbad 3 Standards. 54. Developer shall incorporate into the grading/improvement plans the design for the project c drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to 6 prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with 7 longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. o 9 Final Map Notes 10 55. Note(s) to the following effect(s) shall be placed on the map as non-mapping data: A. All improvements are privately owned and are to be privately maintained with the , 2 exception of the following: 13 1. Cassia Road 2. Poinsettia Lane 14 3. Public water and sewer systems B. Building permits will not be issued for development of the subject property unless 1 5 the appropriate agency determines that sewer and water facilities are available. 17 C. Geotechnical Caution: 1 R The owner of this property on behalf of itself and all of its successors in interest , Q 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 20 subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation, or maintenance. 21 D. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified 23 as sight distance corridors. 24 Water oc 56. Prior to approval of improvement plans or final map, Developer shall meet with the Fire 2(. Marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be 27 considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 28 PC RESO NO. 6650 -14- 57. The Developer shall design and construct public facilities within public right-of-way or 2 within minimum 20-foot-wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate 3 maintenance, access and/or joint utility purposes. 4 58. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. r 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 7 Department for processing and approval by the District Engineer. 8 60. The Developer shall install potable water and recycled water services and meters at a location approved by the City Engineer. The locations of said services shall be reflected 9 on public improvement plans. 61. The Developer shall install sewer laterals and clean-outs at a location approved by the i j City Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 12 62. The Developer shall design and construct public water, sewer, and recycled water 13 facilities substantially as shown on the Tentative Map to the satisfaction of the City Engineer.14 * 63. The Developer shall provide separate potable water meters for each separately owned unit. 16 64. Developer shall evaluate in detail the entire potable water, recycled water, and sewer system to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the City Engineer. 18 Code Reminders: 19 65. 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. 21 66. Developer shall pay a landscape plancheck and inspection fee as required by Section 22 20.08.050 of the Carlsbad Municipal Code. 23 67. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on _ . the Tentative Map are for planning purposes only. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad 25 Municipal Code, respectively. 26 68. 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 permit issuance, except as otherwise specifically provided herein. 28 PC RESO NO. 6650 -15- 69. The project shall comply with the latest nonresidential disabled access requirements 2 pursuant to Title 24 of the State Building Code. 3 70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 4 c- 71. 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 6 Director prior to installation of such signs. 7 72. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City:8 9 A. "Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot 10 exceed the Growth Control Point or top of the Density Range except as provided by Chapters 21.85 and 21.90. The land use designation for Lot 1 of this development is Residential Medium High Density (8-15 du/ac) and for Lot 2 of this , 2 development is Residential High Density (15-23 du/ac) per non-constrained acre. 13 B. All private development rights of Parcels 3 to 5 have been transferred to Parcels 1 and 2, and all of Parcels 1 to 5 were used to calculate the project intensity 14 of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of Parcel 1 may not result in a density greater than 11.5 dwelling units per acre, and Parcel 2 may not result in a density 16 greater than 19 dwelling units per acre under their existing General Plan Land Use designations and Chapters 21.85 and 21.90 of the Carlsbad Municipal Code." 17 18 NOTICE 19 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 20 "fees/exactions." 21 You have 90 days from date of approval to protest imposition of these fees/exactions. If you 22 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 23 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions 26 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 27 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a 2j> NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 6650 -16- 1 ^PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on December 16, 2009, by the following 3 vote, to wit:4 " - AYES: Commissioners Baker, Dominguez, Douglas, L'Heureux, Nygaard, Schumacher, and Chairperson Montgomery 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 12 MARTELL B. MONTGOMERY,tBairperson 13 CARLSBAD PLANNING COMMISSION 14 ATTEST: 16 17 19 20 21 22 23 24 25 26 27 28 DON NEU18Planning Director PC RESO NO. 6650 -17-