Loading...
HomeMy WebLinkAbout2015-04-15; Planning Commission; Resolution 7095 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 A TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT TO 1) ALLOW FOR THE SUBDIVISION, GRADING AND DEVELOPMENT OF A 1.08 ACRE PARCEL CURRENTLY DEVELOPED WITH AN EXISTING SINGLE-FAMILY HOME AND SECOND DWELLING UNIT INTO THREE (3) LOTS AND FOUR (4) AIRSPACE CONDOMINIUM UNITS; AND 2) CONSTRUCTION OF FOUR (4) DETACHED TWO-STORY SINGLE-FAMILY CONDOMINIUM UNITS (RANGING FROM 2,213 SQUARE FEET TO 2,256 SQUARE FEET) WITH EXCLUSIVE USE AREAS AND A COMMON DRIVE ON PROPOSED LOT 1; A 3,250 SQUARE FOOT TWO-STORY SINGLE-FAMILY HOME ON PROPOSED LOT 2; AND AN EXISTING SINGLE-FAMILY HOME WITH SECOND DWELLING UNIT TO REMAIN ON PROPOSED LOT 3 ON PROPERTY LOCATED AT 6798 PASEO DEL NORTE WITHIN THE ZONE 20 SPECIFIC PLAN (SP 203), MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT PLAN 20. CASE NAME: GOLDEN SURF CASE NO.: CT 13-04/PUD 13-10/CDP 13-33 WHEREAS, Golden Surf Holdings, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad described as: Parcel 1 of Parcel Map No 6136, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 6, 1977 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned Development Permit and Coastal Development Permit as shown on Exhibits “A – Y” dated April 15, 2015, on file in the Planning Division, GOLDEN SURF – CT 13-04/PUD 13-10/CDP 13-33, as provided by Title 20, Chapter 21.45 and Chapter 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 15, 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 persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map, Planned Development Permit and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7095 PC RESO NO. 7095 -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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES GOLDEN SURF – CT 13-04/PUD 13-10/CDP 13-33, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map, CT 14-01 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 as discussed in the project staff report the project implements the goals and policies of the General Plan and is consistent with all minimum requirements of the Zone 20 Specific Plan (SP 203), Title 20 (including the Subdivision Map Act), and Title 21. 2. That the proposed project is compatible with the surrounding future land uses since the surrounding properties are designated for residential development on the General Plan and are developed with multiple-family residential condominiums and detached single-family homes of similar densities. 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 minimum development standards and design criteria required by the applicable zoning ordinance and the Zone 20 Specific Plan (SP 203) are incorporated into the project. 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 such that there are no conflicts with established easements. 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 the proposed residential units have a north, south, east and west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 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 and wildlife or their habitat, in that the proposed development is located on a previously graded and developed site, surrounded by existing multiple-family residential condominiums and detached single-family homes; the site is not located within nor adjacent to a HMP Standards Area or Hardline Preserve; and no sensitive native habitat or species exist on the site. PC RESO NO. 7095 -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 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. 10. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing streets can accommodate the estimated increase of 50 ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. In addition, the proposed project would not result in any significant capacity-related impacts to any road segments or intersections. Planned Development Permit, PUD 13-10 11. 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 the project is proposing a detached single-family residential land use that is consistent with the existing surrounding detached single-family residential land use that predominates that site along the north and east perimeters; the project density of 5.55 du/ac is consistent with the RM (4-8 du/ac) General Plan Land Use designation for the site; and the project generated traffic (50 ADT) can be accommodated on the surrounding streets. 12. The project will not adversely affect the public health, safety, or general welfare, in that the project has been designed to comply with all applicable development standards to ensure compatibility with surrounding residential and commercial uses. 13. The project’s design, including architecture, streets, 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 project’s proposed architecture consists of traditionally styled two-story single-family detached homes with attached two-car garages. Architectural styles of the proposed homes can be generally described as Spanish and Santa Barbara. Architectural design elements include balconies with wood and stucco railings, a variety of roof planes with 4:12 pitched roofs, and off-set building projections. Primary building materials include earth tone colored stucco with tile roofs. Stucco covered foam accents and banding are included around all windows and doors and along each elevation. The homes proposed on Lot 1 are accessed off of a private drive and motor court constructed of pervious pavers laid out in decorative pattern with accent banding. A sidewalk, complete with bollard type pedestrian lighting, lines one side of the drive. A variety of trees and plant materials to enhance the visual appearance of the community are included. Vines have been planted on all fences and retaining walls to soften each of their appearances and to provide a green transition with the adjacent neighborhood to the north and east. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit, CDP 13-33 14. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project site is located in the Mello II Segment of the Local Coastal Program (LCP) and has a LCP Land Use designation of Residential Medium Density PC RESO NO. 7095 -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 (RM) and is zoned Planned Community (P-C) consistent with the City’s General Plan Land Use designation and Zoning for the site. The RM Land Use designation allows development of single-family residences at a density of 4-8 dwelling units per acre with a Growth Management Control Point (GMCP) of 6 dwelling units per acre. At the RM GMCP, 6.48 dwelling units would be permitted on this 1.08 acre (net developable) property. A total of 6 dwelling units with an overall density of 5.55 du/ac is proposed. Additionally, the project site is not identified as a “Map X - Designated Coastal Agricultural Lands” and therefore, is not required to be preserved nor is it subject to an agricultural conversion mitigation fee. The project is further consistent with the policies of the Coastal Act in that, a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff off-site through the use of Low Impact Development (LID) design features and has been conditioned to implement the National Pollution Discharge Elimination System (NPDES) standards; c) the project does not preclude any recreational opportunities or shoreline access as the property is not located adjacent to any waterways or bodies of water; and d) the development does not obstruct views of the coastline as seen from public lands or public rights-of-way. 15. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project does not preclude any recreational opportunities or shoreline access as the property is not located adjacent to any waterways or bodies of water. 16. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No development is proposed in areas of natural steep slopes (≥25% gradient) and no native vegetation is located on the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. California Environmental Quality Act 17. 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 preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. 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. General 18. 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 April 15, 2015, including, but not limited to the following: a. Land Use. The General Plan Land Use designation for the project site is Residential Medium Density (RM). The RM designation allows for medium density residential development at 4 to 8 du/ac with a GMCP of 6 du/ac; which is used also for the purposes of calculating the City’s compliance with Government Code §65584. The project site has a net developable acreage of 1.08 acres allowing for 6.48 dwelling units to be developed at the GMCP. A total of 6 dwelling units with an overall density of 5.55 du/ac can be PC RESO NO. 7095 -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 accommodated, which is 0.48 units below the GMCP. Pursuant to Government Code §65863, the City may not reduce the residential density on any parcel below that which was used by the California Department of Housing and Community Development in determining compliance with Housing Element law, unless the City makes findings that the reduction of residential density is consistent with the adopted General Plan, including the Housing Element; and that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need pursuant to Government Code §65584. The project is consistent with the City’s General Plan since the proposed density of 5.55 du/ac is within the RM density range of 4 to 8 du/ac as specified for the site. The project’s proposed density of 5.55 du/ac is slightly below the GMCP density (6 du/ac) used for the purposes of calculating the City’s compliance with Government Code §65584. However, consistent with Program 3.2 of the City’s Certified Housing Element, all of the dwelling units which were anticipated toward achieving the City’s share of the regional housing need that are not utilized by developers in approved projects are deposited into the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City’s share of the regional housing need. Accordingly, 0.48 dwelling units will be deposited into the City’s excess dwelling unit bank. b. Housing. The project has been conditioned to pay an affordable housing in-lieu fee on a per unit basis (i.e., 5 new dwellings total) in order to provide for a proportional share of affordable housing. c. Public Safety. The project is located within a five minute response time of Fire Station No. 4 and has been designed to comply with the fire code, including provisions for an automatic sprinkler system within each dwelling unit. d. Open Space & Conservation. The project will not have any environmental impacts on the previously graded and developed site that is void of sensitive habitat; and to control storm water runoff and protect water quality, the project has been conditioned to conform to all NPDES requirements and is designed to include Low Impact Design (LID) elements. e. Noise. The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City Carlsbad Noise Guidelines Manual in that a site specific noise study was prepared for the project (ABC Acoustics, Inc., July 21, 2014) of which it concluded that the project will comply with the exterior noise standard of 60 dB(A) and interior noise standard of 45 dB(A) CNEL with no mitigation required. f. Circulation. Curb, gutter and sidewalk presently exist along Camino de las Ondas. No new public roadway improvements are necessary except for two curb cuts for connecting project driveways at Lot 1 and 2. . . . PC RESO NO. 7095 -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 19. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public 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. 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. d. The Local Facilities Management fee for Zone 20 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 20. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 21. 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. Pursuant to the HMP, the project has been conditioned to pay habitat in-lieu fees for impacts to 0.22 acres of Group-E habitat and 0.27 acres of Group-F habitat. 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 the issuance of a grading permit, building permit or recordation of the 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 PC RESO NO. 7095 -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 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, Planned Development Permit and Coastal 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, Planned Development Permit and Coastal 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, Planned Development Permit and Coastal 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 (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 Planning Division 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. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. 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. PC RESO NO. 7095 -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 10. 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. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy No. 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 20, 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. 12. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. 13. 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 as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. 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. 15. 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, Planned Development Permit and Coastal Development Permit by Resolution No. 7095 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 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: PC RESO NO. 7095 -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 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 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 HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit_________. PC RESO NO. 7095 -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 17. This project (Lot 1) is being approved as a condominium permit for residential ownership 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. 18. Prior to issuance of building permits for any units on Lot 1, 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. 19. At issuance of building permits, or prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. 20. 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 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. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City’s Habitat Management Plan (HMP) for 0.22 acres of Group-E habitat and 0.27 acres of Group-F habitat. If the In-lieu Mitigation Fees for this project are 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. 21. 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. 22. 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. Engineering: General 23. 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. 24. 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. PC RESO NO. 7095 -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 25. 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 Lot 1 of this subdivision. Shared private improvements shall include but not be limited to the driveway consisting of pervious pavers over permeable base, sewer laterals and private sewer main, drainage and private storm drain facilities, curbing, sidewalk, hardscape landscape facilities, retaining walls, storm water quality treatment features (priority project BMPs) and storm water low impact development (LID) features located therein and to distribute the costs of such maintenance in an equitable manner among the owners of Lot 1 within this subdivision. 26. 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. Developer shall pay the city standard map review plan check fees. 27. Developer shall install sight distance corridors at all driveways in accordance with City Engineering Standards. The current and future property owners shall maintain this condition. Fees/Agreements 28. 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. 29. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 30. Following submittal of final development drawings, should this project be determined to be a Priority Stormwater Project, 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. 31. 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. Said written consent shall be on a form provided by the City Engineer. Grading 32. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. The grading plan should show all grading, retaining walls, slopes and drainage facilities common to Lots 1, 2 and 3. 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. 33. Supplemental grading plans may be required for the precise grading associated with the development of Lots 1 and 2. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the tentative map, all subject to City Engineer approval. 34. This project may require off site grading. No grading shall occur outside the project boundary unless developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the PC RESO NO. 7095 -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 affected properties. If offsite grading is required and developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project boundary and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and city planner. 35. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, which may affect the design of this project. Unless construction has commenced prior to the effective date of the Order, prior to the issuance of a grading permit Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the City Engineer. 36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include 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. 37. 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. 38. Prior to the issuance of grading permit or building permit, whichever occurs first, developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (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. 39. Following submittal of final development drawings, should this project be determined to be a Priority Stormwater Project, Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to City Engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. 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. Developer acknowledges that the requirements of Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board which become effective near the end of 2015 will cause the city to replace the city’s SUSMP with a BMP Design Manual, yet to be developed. . . . . . . PC RESO NO. 7095 -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 40. Following submittal of final development drawings, should this project be determined to be a Priority Stormwater Project, Developer acknowledges hydromodification (runoff reduction) requirements impact how 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. 41. 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. 42. Following submittal of final development drawings, should this project be determined to be subject to Standard Stormwater Requirements, Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the City Engineer. Developer acknowledges that the requirements of Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board which become effective near the end of 2015 will cause the city to replace the city’s SUSMP with a BMP Manual, yet to be developed. 43. Following submittal of final development drawings, should this project be determined to be a Priority Stormwater Project Developer shall submit documentation, subject to City Engineer approval, demonstrating how this project complies with Hydromodification requirements per the city’s SUSMP, latest version. Documentation shall be included within the Storm Water Management Plan (SWMP). Developer acknowledges that the requirements of Order No. R9- 2013-0001 issued by the California Regional Water Quality Control Board which become effective near the end of 2015 will cause the city to replace the city’s SUSMP with a BMP Manual, yet to be developed. Dedications/Improvements 44. Developer shall cause owner to provide for a covenant of easement shown on the final map or submit to the City Engineer for recordation a covenant of easement for private sewer lateral purposes over Lot 1 for the benefit of Lots 2 and 3 as shown on the tentative map. Said covenant of easement shall be a minimum of eight (8) feet in width as shown on the tentative map. Developer shall pay processing fees per the city’s latest fee schedule. 45. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 46. 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 tentative map. Said improvements shall be installed to city PC RESO NO. 7095 -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 standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: a. Public curb, gutter, sidewalk, driveway approach, pavement and base. b. Public storm drain, cleanouts and connections. c. Public water services. d. Public sewer main from Fuchsia Lane to the project boundary. 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. 47. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of the City Engineer. Non-Mapping Notes 48. 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. These improvements include, but are not limited to: 1. Public curb, gutter, sidewalk, driveway approach, pavement and base. 2. Public storm drain, cleanouts and connections. 3. Public water services. 4. Public sewer main from Fuchsia Lane to the project boundary. 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. Geotechnical Caution: 1. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 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. PC RESO NO. 7095 -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 Utilities 49. 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. 50. 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. 51. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 52. This project is subject to the use of recycled water for landscape irrigation purposes. 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. 53. 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. 54. The developer shall install sewer lateral connections to the public sewer at locations approved by the City Engineer. The locations of private sewer laterals and cleanouts shall be reflected on the building plans. 55. The developer shall design and construct public water services and meters, public sewer, and recycled water facilities to the satisfaction of the district engineer and City Engineer. 56. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 57. 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. 58. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 59. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 20 as required by Carlsbad Municipal Code Section 21.90.050. 60. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 7095 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 62. 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 are for planning purposes only. 63. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 64. Developer shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: A. “Chapter 21.90 of the Carlsbad Municipal Code established a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is Residential Medium Density (RM) 4-8 dwelling units per non- constrained acre. Lots 1-3 were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these lots must also include Lots 1-3 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” 65. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 66. 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. 67. 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. . . . . . . . . . . . . . . . . . . . . .