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HomeMy WebLinkAbout2015-04-01; Planning Commission; Resolution 7093 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, RECOMMENDING A DETERMINATION THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED ROBERTSON RANCH MASTER PLAN ENVIRONMENTAL IMPACT REPORT (EIR 03-03) AND THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE ROBERTSON RANCH WEST VILLAGE (MP 02-03C) AND RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO TRANSFER 20 RESIDENTIAL UNITS WITHIN THE ROBERTSON RANCH WEST VILLAGE FROM PLANNING AREA 7 TO PLANNING AREA 8, A SITE DEVELOPMENT PLAN AND SPECIAL USE PERMIT FOR THE DEVELOPMENT OF 364 MULTI-FAMILY RENTAL RESIDENTIAL UNITS WITHIN PLANNING AREAS 7 AND 8 OF WHICH 101 ARE LOWER INCOME AND AGE RESTRICTED, 56 ARE MODERATE INCOME RESTRICTED, AND THE REMAINDER ARE MARKET RATE RENTAL UNITS, AND A MINOR SUBDIVISION SUBDIVIDING PLANNING AREA 8 INTO TWO LOTS, ALL WITHIN THE ROBERTSON RANCH MASTER PLAN ON PROPERTY LOCATED NORTH OF EL CAMINO REAL SOUTH OF TAMARACK AVENUE AND WEST OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 7 & 8 CASE NO.: MP 02-03(G)/SDP 14-08/SUP14-04/MS 14-07 WHEREAS, Shapell SoCal Rental Properties, LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Rancho Costera LLC, “Owner,” described as Parcel 1 of certificate of Compliance for Adjustment Plat No. CE 12-14 recorded November 13, 2012 as Document No. 2012-0706271 (“the Property”); and WHEREAS, said verified application constitutes a request for a Master Plan Amendment, Site Development Plan, Special Use Permit, and Minor Subdivision as shown on Exhibits MP 02-03(G), A- N, A1-A34, and L1-L13 dated April 1, 2015, on file in the Planning Division, MP 02-03(G)/SDP 14-08/SUP 14-04/MS 14-07 – ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 7 & 8 as provided by the Robertson Ranch Master Plan/Chapter 21.06/Section 21.53.120/El Camino Real Corridor Development Standards/Chapter 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 1, 2015, 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 all persons desiring to be heard, said Commission considered all factors relating to PLANNING COMMISSION RESOLUTION NO. 7093 PC RESO NO. 7093 -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 the Master Plan Amendment, Site Development Plan, Special Use Permit, and Minor Subdivision; and WHEREAS, on November 21, 2006, the City Council approved, MP 02-03 , as described and conditioned in City Council Ordinance No. NS-822. 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 Planning Commission RECOMMENDS APPROVAL of ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 7 & 8 – MP 02-03(G)/SDP 14-08/SUP 14-04/MS 14-07 based on the following findings and subject to the following conditions: Findings: 1. The proposed project implements the goals and objectives of the General Plan in that the Robertson Ranch Master Plan when first adopted was found to comply with all applicable General Plan Goals, Objectives, and Policies, including Land Use. The proposed transfer of 20 dwelling units from Planning Area 7 to Planning Area 8 does not change the master plan densities or change the boundaries of the subject property and the development of the planning areas with multi-family residential units as shown in the Robertson Ranch Master Plan does not involve the addition of a new use or group of uses not already shown in the approved master plan. The project is consistent with the Master Plan and, therefore, is also in compliance with the General Plan. MP 02-03(G) 2. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the Master Plan includes an analysis of the public facilities needed to support the proposed development, consistent with those contained in the Local Facilities Management Plan for Zone 14 which the project must implement concurrent with development in order to comply with City standards and ordinances including Growth Management. 3. That the residential and open space portions of the Robertson ranch Master Plan will constitute an environment of sustained desirability and stability, and that they will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as playgrounds, and parks, are adequate to serve the anticipated Robertson Ranch population and appear acceptable to the public authorities having jurisdiction thereof, in that the residential segments of the Master Plan include a wide variety of housing types that range from lower-income attached units to 8,500-square-foot single-family lots; over 40% of the Master Plan is designated for active recreation, passive recreation, and open space preservation; and the Master Plan vision is to create a neighborhood that embodies the "Ahwahnee Principles" for the development of "livable communities." PC RESO NO. 7093 -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 4. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that the Master Plan includes various street improvements necessary for the development as well as portions of Circulation Element roadways identified in the General Plan. 5. That the area surrounding the proposed Master Plan area is or can be planned and zoned in coordination and substantial compatibility with the Master Plan area, in that the proposed Master Plan perimeter land uses were determined based on achieving compatibility with surrounding existing development and zoning designations. 6. That Planning Area 7, although designated in the Robertson Ranch Master Plan to accommodate 116 residential units, is insufficient in size to accommodate the designated number of residential units in the form of smaller 12-unit buildings, and the transfer of 20 units from Planning Area 7 to Planning Area 8 does not result in an increase in overall residential units for the Robertson Ranch West Village, that evaluated together, the density of Planning Areas 7 and 8 does not change and continues to meet the density of residential housing mandated by the Robertson Ranch Master Plan which is a minimum of 20 dwelling units per acre. SDP 14-08 7. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the Roberson Ranch Master Plan, approved as consistent with the General Plan, established the project site as the location for multi-family residential units in the West Village for the purpose of creating diverse opportunities for housing in the Robertson Ranch West Village and established the maximum number of units allowed on the property as 364. 8. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed project as designed is within the physical limits established by the Robertson Ranch Master Plan for Planning Areas 7 and 8, more specifically within the pad areas established for those Planning Areas per an approved subdivision map and grading plans, within the height limits established for the property, and at a density established by the Robertson Ranch Master Plan. The proposed project will therefore not be detrimental to existing or proposed development nearby, adversely impact the site, and will not adversely contribute to the surrounding traffic circulation more than what was established, analyzed, and certified in the Robertson Ranch Master Plan EIR 03-03. 9. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the site has been graded and large flat pads established specifically to accommodate the development of multi-family residential housing. 10. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the project, with the approval of requested development standards modifications, has been designed in conformance with the development standards of the Robertson Ranch Master Plan for Planning Areas 7 and 8, which include setbacks from property lines, building height, parking screening, and recreation areas. 11. Consistent with Section 21.53.120 (B)(1) of the Carlsbad Municipal Code, as a Site Development Plan for affordable housing, less restrictive development standards may be approved provided PC RESO NO. 7093 -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 that the project is in conformity with the General Plan and adopted policies and goals of the city, and there would be no detrimental effect on public health, safety, or welfare. A less restrictive top-of-slope setback (minimum 10 feet) versus the top-of-slope setback required by the El Camino Real Corridor Development Standards (15 feet) or the Hillside Development Ordinance (28 feet) is proposed as shown in SDP 14-08 for five buildings within Planning Area 7, which, if not permitted, would result in one or more of the following project impacts including a reduction in the number of residential units which in turn affects the project wide financing and cost of subsidizing 101 low income restricted housing units and 56 moderate income restricted apartment units and compromises the Master Plan directive of achieving a minimum 20 dwelling units per acre within Planning Areas 7 and 8, potentially the requirement of larger buildings with a greater number of units in each in order to provide the Master Plan minimum density, and potentially a reduction in circulation drive aisle widths and parking stall depths. As noted above the overall project is in conformance with the City’s General Plan and permitting a less restrictive top-of-slope setback will not affect the general public’s health, safety, or welfare in that only the residents of the five apartment buildings would have cause to be onsite between the buildings and the top of their respective slopes to experience a lesser setback than required by the C.M.C. Furthermore the project buildings are setback a minimum of 108 feet from the El Camino Real right-of-way which exceeds the 45 foot required setback from the El Camino Real right-of-way and the 108 foot setback will be richly landscaped to minimize visual impacts. 12. Consistent with Section 21.53.120 (B) (1) of the Carlsbad Municipal Code, as a Site Development Plan for affordable housing, less restrictive development standards may be approved provided that the project is in conformity with the General Plan and adopted policies and goals of the city, and there would be no detrimental effect on public health, safety, or welfare. Enclosed individual garages are proposed with widths of 11 feet versus 12 feet as required by C.M.C. 21.44.060 Table D to satisfy a portion of the required parking for one to three bedroom apartments. The additional building width required to accommodate a 12 foot wide garage would result in less open space separation between buildings and would incur the additional square foot construction costs associated with a larger building which would in turn have a direct relationship on the costs of providing subsidized housing for moderate and low income households. Garage widths will not affect the general public’s health, safety, or welfare in that only the residents of the apartments with use of the garages will experience the lesser width than required by the C.M.C. but will still, as verified by staff in the field with an existing 11-foot wide single-car garage at the Alta Mira development in Carlsbad and a full size sport utility vehicle, be able to adequately enter and exit a vehicle. 13. Consistent with Section 21.53.120 (B) (1) of the Carlsbad Municipal Code, as a Site Development Plan for affordable housing, less restrictive development standards may be approved provided that the project is in conformity with the General Plan and adopted policies and goals of the city, and there would be no detrimental effect on public health, safety, or welfare. The project is proposed with a resident parking ratio of 1.21 spaces per senior apartment versus 1.50 required with 104 of those covered and 18 uncovered versus 152 covered spaces required. Justification for reducing the number of onsite senior parking includes the project’s proximity to Planning Area 11 which will include a grocery/drug store (300 ft.); proximity to a transit stop (800 feet) and a City Park (1,000 feet) which encourages a reduced dependence on cars and could have a positive effect on the need for fewer parking spaces. In addition the Robertson Ranch Master Plan acknowledges that senior and affordable housing in close proximity to services are candidates for a lesser parking demand in that the parking standard for senior condominiums is one covered stall per unit versus the 1.5 covered stalls per unit required for apartments. PC RESO NO. 7093 -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 14. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the roadways internal to the Robertson Ranch West Village were designed to accommodate the traffic projected for each of the individual Planning Areas. The project is limited to the same number and type of residential homes considered and approved by the master plan and it can therefore be found that the project will not have an adverse traffic impact. SUP 14-04 15. The proposed project complies with the provisions of the El Camino Real Corridor Development Standards as discussed in the staff report by supporting the design theme; exceeding the building setbacks from the El Camino Real right-of-way, and maintaining traffic safety along El Camino Real. As designed the project will enhance the appearance of the El Camino Real (ECR) roadway and contribute to the desired easily-identifiable homogeneous single design concept for ECR through significantly landscaped slopes adjacent to the ECR right-of-way and minimum 108 foot building setbacks from the right-of-way. 16. Development within the West Village of the Robertson Ranch is generally designed so as to meet the intent of the scenic preservation overlay zone through the use of landscape and grading design including planted retaining walls on the slopes adjacent to El Camino Real. 17. That the project setbacks from El Camino Real meet the intent of the El Camino Real Corridor Development Standards in that the minimum required setback is 45 feet from right-of-way and 15 feet from the top of slope and the proposed setback is 108 feet from the right-of-way and 10 feet from the top of slope, that moving the buildings an additional 5 feet to the east is infeasible in that it will result in steeper onsite drive aisles and move other buildings closer to Robertson Road. Since the project includes significant landscaping within the extended setback from El Camino Real the addition of five feet of setback from the top of slope will not be discernable from the El Camino Real right-of-way. MS 14-07 18. That the proposed two lot subdivision and the proposed design and improvement of the two lot 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 map is the division of one lot designated for the future development of multi-family residential units into two lots designated for the future development of multi-family residential units; the subject property is designated for multi-family residential development pursuant to the General Plan and the Robertson Ranch Master Plan. 19. That the proposed subdivision of one lot into two lots is compatible with the surrounding future land uses since surrounding properties are designated, for residential and commercial development consistent with the Robertson Ranch Master Plan and General Plan, in that the subdivision of the subject property into two lots does not change the future land use of the property as designated in the Robertson Ranch Master Plan and on the General Plan. 20. 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 the subdivision of the subject property into two lots does not change the land use of the site as it is designated in the Robertson Ranch Master Plan and/or General Plan. PC RESO NO. 7093 -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 21. 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 there are no existing incompatible easements throughout the Robertson Ranch that are in conflict with the proposed two-lot subdivision. 22. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 23. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 24. 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 constructed on either of the lots will be able to take advantage of prevailing breezes and may be constructed to accommodate solar energy generation panels. 25. That the City Planner 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. 26. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the property is a graded site. Prior to grading the property it was analyzed for impacts to fish, wildlife, and their habitats through the Robertson Ranch Master Plan Environmental Impact Report certified in 2006. Mitigation measures were adopted and have been implemented in earlier phases of the Robertson Ranch Master Plan development. 27. 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 development of the subdivided lots has been designed to conform to the most recent orders of the San Diego Regional Water Quality Board. General 28. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 14 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 Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. 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. 29. 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. PC RESO NO. 7093 -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 30. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 14. 31. 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 all necessary supporting infrastructure is required as a condition of approval. 32. The City Planner has determined that: a. the project is a subsequent activity of a project for which a program EIR 03-03 was prepared and certified; and, a subsequent Mitigated Negative Declaration (MP 02-03(C)) was adopted, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program EIR and subsequent Mitigated Negative Declaration approved earlier, and that the program EIR and Mitigated Negative Declaration adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]; and b. this project is consistent with the project cited above; c. EIR 03-03 was certified November 2006 for the Robertson Ranch Master Plan and a Mitigated Negative Declaration for the West Village was adopted in December 2012 in connection with an amendment for the Robertson Ranch Master Plan (MP 02-03D); d. the project has no new significant environmental effect not analyzed as significant in the prior EIR or Mitigated Negative Declaration; and e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. 33. 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 issuance of a grading permit. 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 Master Plan Amendment, Site Development Plan, Special Use Permit, and Minor Subdivision. PC RESO NO. 7093 -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 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Master Plan Amendment, Site Development Plan, Special Use Permit, and Minor Subdivision 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 Master Plan Amendment, Site Development Plan, Special Use Permit, and Minor Subdivision, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the 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 and 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 Carlsbad 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 14 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. PC RESO NO. 7093 -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 12. 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 and Economic Development Department and Planning. 13. 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. 14. 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 14, 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. 15. Prior to the issuance of the grading permit, 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 Master Plan Amendment, Site Development Plan, Special Use Permit, and Minor Subdivision by Resolution No. 7093 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. 16. Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision-making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. 17. 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. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 18. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 19. 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. 20. Developer shall implement, or cause the implementation of, the Robertson Ranch Master Plan EIR 03-03 Project Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program for MP 02-03(C). PC RESO NO. 7093 -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 21. Prior to the issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and a camera-ready master copy of the Robertson Ranch Master Plan MP 02-03(G) with all exhibits and text reflecting the transfer of 20 units from Planning Area 7 to Planning Area 8, in addition to the required number of bound copies. 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 parcel map, building or grading permit whichever occurs first. General 22. 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. 23. 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. 24. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and Tentative Parcel Map reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 25. For both new parcels within Planning Area 8, Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to storm drains, utilities, and sidewalks located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 26. Developer shall prepare, submit and process for city engineer approval a final Parcel Map to subdivide Planning Area 8. Developer shall pay the city standard map review plan check fees. 27. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Landscape Manual. The property owner shall maintain this condition. 28. The final map for this project shall not record in advance of the final map for Robertson Ranch West (CT 13-03) as the adjacent offsite development improvements for this project are contingent on the developer for CT 13-03 constructing them, unless otherwise approved by the City Engineer, City Planner and Fire Marshal. 29. No final map, grading or improvement plans for this project shall be approved until the offsite public street and public utility improvements required to serve this project are substantially constructed to the satisfaction of the City Engineer and Fire Marshal. These improvements consist of, but are not limited to, El Camino Real widening, West Ranch Road and Robertson Road and other circulation streets as shown on the tentative map for the Robertson Ranch West development (CT 13-03). At the discretion of the City Engineer, the developer may either PC RESO NO. 7093 -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 construct or be allowed to post security for that portion of the offsite improvements not yet constructed in accordance with C.M.C. Section 20.16.070, if it can be demonstrated that all performance standards will be met. Fees/Agreements 30. 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. 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 32. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 33. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan and tentative Parcel Map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 34. Developer shall 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 owners and tenants of the above requirements. 35. 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. 36. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (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. 37. 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), which satisfy Order No. R9-2007-0001 issued by the San Diego Regional Water Quality Control Board. In addition to new treatment control BMP selection criteria in the SUSMP, the 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. Developer shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule. PC RESO NO. 7093 -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 38. Developer shall submit documentation, subject to city engineer approval, demonstrating how this project complies with hydromodification requirements per the city’s SUSMP. Documentation shall be included within the Storm Water Management Plan (SWMP). 39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Dedications/Improvements 40. For Planning Area 8, Developer shall cause owner to submit to the city engineer for recordation a covenant of easement for private drainage and pedestrian access purposes as shown on the Site Plan and Tentative Parcel Map. Developer shall pay processing fees per the city’s latest fee schedule. 41. Developer shall provide proof of a recorded easement or other acceptable instrument that provides an easement for private pedestrian access purposes over the adjacent property (Lot 341 of CT 13-03) for the benefit of Planning Area 8, to the satisfaction of the city engineer. 42. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public waterline purposes as shown on the Site Plan and Tentative Parcel Map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 43. Developer shall design the private drainage systems, as shown on the Site Plan and Tentative Parcel Map to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 44. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Minor 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 and Tentative Parcel Map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Onsite public potable waterline, fire hydrants, meters and other waterline appurtenances. B. Private sewer laterals. C. Irrigation service lines and meters. D. Mid-block pedestrian crossing along Robertson Road. 45. 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. 46. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. PC RESO NO. 7093 -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 Non-Mapping Notes 47. Add the following notes to the final Parcel Map as non-mapping data: A. Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Site Plan and Tentative Parcel Map. These improvements include, but are not limited to: 1) Onsite public potable waterline and appurtenances. 2) Private sewer laterals. 3) Irrigation service lines and meters. 4) Mid-block pedestrian crossing along Robertson Road. 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. 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. D. 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 48. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 49. Developer shall design and construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 51. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 52. 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. PC RESO NO. 7093 -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 53. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 54. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Site Plan and Tentative Parcel Map to the satisfaction of the district engineer and city engineer. Code Reminders 55. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 56. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 57. 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 Site Plan and Tentative Parcel Map are for planning purposes only. 58. 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. 59. 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 City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 60. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 61. 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. 62. 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. 63. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320.