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HomeMy WebLinkAbout2013-10-02; Planning Commission; Resolution 7012 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT MAP CT 13-02 AND PLANNED DEVELOPMENT PERMIT PUD 13-04 TO DEVELOP A TEN UNIT MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.49 ACRE INFILL SITE GENERALLY LOCATED ALONG THE SOUTH SIDE OF NAVARRA DRIVE AND WEST OF VIEJO CASTILLA WAY IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: COASTAL 10 CASE NO.: CT 13-02/PUD 13-04 WHEREAS, Coastal Living 10, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 40 of La Costa South Unit 1, according to map thereof No. 6117, filed in the office of the County Recorder of San Diego County, June 3, 1968 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Planned Unit Development as shown on Exhibits “A – M” dated October 2, 2013, on file in the Planning Division, CT 13-02/PUD 13-04 - COASTAL 10, as provided by Chapter 20.12 and Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 2, 2013, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 relating to the Tentative Tract Map and Planned Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CT 13-02/PUD 13-04 – COASTAL 10, based on the following findings and subject to the following conditions: . . . . . . PLANNING COMMISSION RESOLUTION NO. 7012 PC RESO NO. 7012 -2- 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 Findings: Carlsbad Tract Map 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 Subdivision Map Act, and will not cause serious public health problems, in that the airspace condominium units created through the tentative map satisfy all the minimum requirements of Title 20 and have been designed to comply with other applicable regulations including the Planned Development Ordinance, the Residential Density-Multiple (RD-M) Zone, Growth Management Ordinance, and the Residential High Density (RH) General Plan Land Use designation. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential High Density (RH) development or Open Space on the General Plan, and the RH designated properties are developed with multi-family projects which would be compatible with the condominium project. 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 proposed, in that all required development standards and design criteria required by the RD-M Zone and the Planned Development Ordinance are incorporated into the project without the need for variances from development standards and the lot coverage at 48%, is below the maximum 60% lot coverage allowed. 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 that the project has been designed and conditioned so that there are no conflicts with established easements and no additional right-of-way is required. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 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 structures are designed with patios and multiple balconies to maximize the exposure of each unit to natural light and ventilation. 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 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 habitat, in that the project site has been previously graded and is surrounded by existing development. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. PC RESO NO. 7012 -3- 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 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 October 2, 2013 including, but not limited to the following: a) Land Use – The project is consistent with the General Plan as discussed in Section “A” of the staff report. The proposed residential condominium project density at 20.41 dwelling units per acre (10 DUs) is within the RH density range of 15 – 23 du/ac and consistent with the RHNA Base density of 20 du/ac. Because the 10 unit project exceeds the maximum unit yield (9.31 DUs) at the GMCP of the RH General Plan Land Use designation, 0.69 DU will be withdrawn out of the City’s excess dwelling unit bank consistent with City Council Policy No. 43 and based on the following findings: 11. In approving a request for an allocation of excess dwelling units, the following three findings contained in City Council Policy No. 43 – Excess Dwelling Unit Bank must be made: a) That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is located within a multi-family residential neighborhood which has a Residential High (RH) General Plan Land Use designation and R-D-M zone that consists predominantly of attached condominiums and apartment buildings that are approved at a similar density (15 – 23 du/ac) as the density of the proposed project (20.41 du/ac), and therefore the project is compatible with existing adjacent residential properties in the neighborhood; b) That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document in that the project’s location and density described above are in accordance with the applicable provisions of the General Plan for the RH Land Use designation; and c) That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the GMCP for the applicable density range in that: 1) the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City’s public facilities plans will not be adversely impacted; 2) there have been sufficient developments approved in the quadrant at densities below the control point so that the approval will not result in exceeding the quadrant limit; and, 3) all necessary public facilities required by the City’s Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. The proposed project is consistent with the above required findings in that there have been sufficient developments in the southeast quadrant that have developed at densities below the GMCP such that the allocation of 0.69 DUs would not result in exceeding the quadrant limit, the project is conditioned to pay the appropriate fees to comply with City’s Growth Management Program, and the City’s public facilities plans will not be adversely impacted as the allocation of 0.69 units has already been analyzed and anticipated within the southeast quadrant. 1) Circulation – The project will take access off of Navarra Drive which has full street improvements. On-site circulation consists of a private 24 foot wide driveway which will be designed in accordance with City standards. 2) Noise - The condominium project is not located adjacent to any noise source and is consistent with the residential 60 dBA CNEL exterior noise standard for required PC RESO NO. 7012 -4- 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 common and private recreation space and is consistent with the 45 dBA CNEL interior noise standards. 3) Housing – The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the applicant has been conditioned to enter into an Affordable Housing Agreement to purchase two affordable housing credits within the Cassia Heights Affordable Apartment Project. 4) Public Safety – The project is required to provide an automatic fire sprinkler system within each unit. Planned Development Permit 12. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project density of 20.41 dwelling units per acre is consistent with the Residential High Density Land Use designation (15 – 23 du/acre) and the RH RHNA Base of 20 du/ac. As discussed in the staff report, the project is consistent with the development and design standards applicable to the property as contained in Chapters 21.24 and 21.45 of the Carlsbad Municipal Code. 13. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that no standards variances are proposed or required, the two separate, 2 & 3-story buildings containing ten residential units is compatible with surrounding multi-family residential uses, and no negative circulation impacts will result as the existing roadway (Navarra Drive) is adequate to accommodate the traffic (80 ADT) generated by this project. 14. The project will not adversely affect the public health, safety, or general welfare, in that it has been designed to comply with all applicable development standards to ensure compatibility with surrounding residential uses. 15. The project’s design, including architecture, private driveway, and site layout: a) contributes to the community’s overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the 10 residential condominium units are located within two separate buildings with a private 24 foot wide common driveway located off of Navarra Drive. The two and three story residential buildings with attached two car garages are designed with craftsman style architecture. The design uses building materials including wood and stone siding, brick columns, and a decorative tile roof. There are a variety of roof planes that provide different roof heights and off-set building projections. The building colors and accent trim consists of warm brown and beige/cream tones. The building facades will include a variety of different architectural elements including columns, decks, spiral stairs, wood siding, foam trim over the windows, and wood railing that will be aesthetically pleasing and an attribute to the neighborhood. Rear elevations also feature large windows and decks to maximize golf course views. The project site layout includes a private driveway, onsite and offsite guest parking spaces, accessibility ramp and path of travel for pedestrian circulation within the site, and rich landscaping with a variety of trees and plant materials will be provided throughout the site to enhance the visual appearance of the units and to create a sense of privacy for the residents. At the rear of the site is a common recreation amenity that PC RESO NO. 7012 -5- 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 includes a below ground pool and spa. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. 16. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 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 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. Specifically, a. The project has been conditioned to provide proof from the Encinitas Union and San Dieguito Union High School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. 17. 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 public facilities and will mitigate any cumulative impacts created by the project. 18. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 6. 19. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 20. The Planning Commission hereby finds that all development in Carlsbad benefits from 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 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 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. 21. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 of the state CEQA Guidelines. The project is consistent with the General Plan as well as with the PC RESO NO. 7012 -6- 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 Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 22. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading, building, or final map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so 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 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 conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Tentative Tract Map and Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 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 Tentative Tract Map and Planned Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and PC RESO NO. 7012 -7- 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 (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 survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 6. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the (Tentative Map/Site Plan) reflecting the conditions approved by the final decision-making body. 7. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format (including any applicable Coastal Commission approvals). 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Encinitas Union Dieguito Union High School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 6, 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. 13. Prior to the issuance 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 be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Planned Development Permit by Resolution No. 7012 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 City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 14. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall PC RESO NO. 7012 -8- 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 enter into an Affordable Housing Agreement with the City to either purchase two (2) affordable housing credits within the Cassia Heights Affordable Apartment Project in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code or an alternative solution will need to be authorized subject to City Council approval. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 17. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: 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. 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 to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. 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 Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the 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 same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the 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. 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 or Association’s Easements. The City shall PC RESO NO. 7012 -9- 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 provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and 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, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot 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 accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOA's and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit . 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 . 18. 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 such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. 19. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 20. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 21. Prior to the approval 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 be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Planned Development Permit CT 13-02/PUD 13-04 by Resolution No. 7012 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 City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 22. 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 to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis PC RESO NO. 7012 -10- 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 for this project. Developer is aware that the City has adopted an In-lieu 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 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. 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 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and 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 Directors of Community Development and Planning. 24. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 25. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 26. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, 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. 27. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 28. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. 29. This project is approved subject to the condition that the recommendations of the Geotechnical Evaluation dated January 10, 2013, East County Soil Consultation and Engineering, Inc. are implemented. . . . . . . PC RESO NO. 7012 -11- 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 Engineering: 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, grading permit or building permit, whichever occurs first. General 30. 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 for the proposed haul route. 31. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 32. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private pervious pavement driveways, water quality treatment measures, low impact development measures, storm drain facilities, utilities, sidewalks and landscaping located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within this subdivision. 33. Developer shall include rain gutters on the building plans subject to the city engineer’s review and approval. Developer shall install rain gutters and connect same to bio-retention basins in accordance with the approved building and grading plans. 34. Developer shall prepare, submit and process, for city engineer approval, a final map to subdivide this project. There shall be one Final Map recorded for this project. 35. Developer shall install sight distance corridors at the driveway intersection with Navarra Drive in accordance with City Engineering Standards. The unit owners shall maintain this condition. Fees/Agreements 36. 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. 37. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 38. Developer shall cause property owner to process, execute and submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement for the perpetual maintenance of all treatment control, applicable site design, source control and post-construction permanent Best Management Practices prior to the issuance of a grading permit or building permit or the recordation of a final map, whichever occurs first for this project. . . . PC RESO NO. 7012 -12- 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 39. Prior to approval of any grading or building permits for this project, developer shall 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 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. Grading 40. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading plan for this project is required. Developer shall prepare and 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. 41. Prior to issuance of a grading permit, developer shall pay all applicable grading permit fees per the city’s latest fee schedule and shall post security per city code requirements. 42. Developer, via CC&R’s, shall cause unit owners and/or tenants to comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective unit owners and/or tenants of the above requirements. 43. Prior to the issuance of a grading permit, developer shall submit to the city engineer receipt of a Notice of Intent from the State Water Resources Control Board. 44. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 45. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets storm water treatment requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. Developer shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule. 46. Developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc) are drained through landscaped (pervious) areas prior to discharge. Hydromodification (runoff reduction) requirements impact how this project treats and/or retains storm runoff. Hydromodification involves detailed site design and analysis to reduce the amount of post-development run-off by mimicking the natural hydrologic function of the site, preserving natural open-spaces and natural drainage channels, minimizing use of new impervious surfaces, and promoting onsite infiltration and evaporation of run-off. During final design, developer shall demonstrate compliance with storm water requirements to the satisfaction of the city engineer. PC RESO NO. 7012 -13- 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 47. In late 2014, the city’s SUSMP is scheduled to be replaced by the city’s BMP Design Manual. Prior to issuance of a grading permit and prior to the start of construction (if construction has not commenced within 30 days after the issuance of a grading permit) the developer shall update the SWMP as needed to demonstrate how this project meets storm water treatment requirements per the city’s BMP Design Manual. 48. Developer is responsible to ensure that all grading plans, improvement plans, landscape plans and building plans incorporate all source control, site design, treatment control BMP, hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 49. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 50. Developer shall prepare and process public improvement plans and, prior to city 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 shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Driveway approach, curb and gutter, sidewalk, street light, curb outlets fire hydrant, fire service line, water services and water meters. B. Sewer improvements to the satisfaction of Leucadia Wastewater District. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Non-Mapping Notes 51. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the (TENTATIVE MAP/SITE PLAN). These improvements include, but are not limited to: 1) Driveway approach, curb and gutter, sidewalk, street light, curb outlets fire hydrant, fire service line, water services, potable water meters and irrigation water meter. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. 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, this subdivision due to its construction, operation or maintenance. PC RESO NO. 7012 -14- 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 D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 52. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) 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. 53. Developer shall design and construct public water and fire facilities within public right-of-way or within minimum 20-foot wide easements granted to the district. At the discretion of the district engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 54. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 55. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 56. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. 57. The developer shall meet with and obtain approval from the Leucadia Wastewater District regarding sewer infrastructure available or required to serve this project. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 58. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 59. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. PC RESO NO. 7012 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60. 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. 61. 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 City Planner prior to installation of such signs. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 62. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 63. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . . . . .