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HomeMy WebLinkAbout2015-08-05; Planning Commission; Resolution 7116 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 DEMOLISH EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURES AND DEVELOP A 16-UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM PROJECT ON A 0.68 ACRE INFILL SITE GENERALLY LOCATED ON THE SOUTH SIDE OF MAGNOLIA AVENUE, WEST OF JEFFERSON STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MAGNOLIA TOWNHOMES CASE NO.: CT 14-05/PUD 14-08/CDP 14-27 WHEREAS, DS Products, Inc., “Developer/Owner,” has filed a verified application with the City of Carlsbad described as: Assessor’s Parcel Numbers 204-280-05-00 and 204-280-26-00 that are a portion of Tract No. 231 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego county, December 9, 1915 (“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 – J” dated August 5, 2015, on file in the Planning Division, MAGNOLIA TOWNHOMES – CT 14-05/PUD 14-08/CDP 14-27, as provided by Title 20, Chapter 21.45 and Chapter 21.201 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 5, 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: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES MAGNOLIA TOWNHOMES – CT 14-05/PUD 14-08/CDP 14-27, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7116 PC RESO NO. 7116 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Tentative Tract Map, CT 14-05 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 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 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 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. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. PC RESO NO. 7116 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 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 128 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 14-08 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 an attached multi-family residential land use that is consistent with the existing surrounding residential land uses; the project density of 23.53 du/ac is consistent with the R-30 (23-30 du/ac) General Plan Land Use designation for the site; and the project generated traffic (128 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 Mediterranean styled two-story and three-story townhomes with attached two-car garages. Architectural design elements include wood and stucco railings, a variety of roof planes with 5:12 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 are proposed off of a private drive constructed with pervious pavers and sidewalks for pedestrian access to front doors. A variety of trees and plant materials to enhance the visual appearance of the community are included. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit, CDP 14-27 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 R-30 and is zoned Residential Density-Multiple (R D-M) consistent with the City’s General Plan Land Use designation and Zoning for the site. 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. PC RESO NO. 7116 -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 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 August 5, 2015, including, but not limited to the following: a. Land Use. The General Plan Land Use designation for the project site is R-30. The R-30 designation allows for high density residential development at 23 to 30 du/ac with a GMCP of 25 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 .68 acres allowing for 17 dwelling units to be developed at the GMCP. A total of 16 dwelling units with an overall density of 23.53 du/ac is proposed, which is 1 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 23.53 du/ac is within the R-30 density range of 23 to 30 du/ac as specified for the site. The project’s proposed density of 23.53 du/ac is slightly below the GMCP density (25 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 PC RESO NO. 7116 -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 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, 1 dwelling unit will be deposited into the City’s excess dwelling unit bank. b. Housing. The project has been conditioned to purchase 2 affordable housing credits 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. 1 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 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 Magnolia Avenue. No new public roadway improvements are necessary except for one curb cut for the project driveway. 19. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. PC RESO NO. 7116 -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 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 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 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. PC RESO NO. 7116 -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 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 1 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. 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. 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. 13. 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. 14. 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. 7116 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. PC RESO NO. 7116 -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 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall 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 PC RESO NO. 7116 -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 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_________. 16. This project 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. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 18. At issuance of building permits, or prior to the approval of a final map, the Developer shall purchase two housing credits to satisfy the Inclusionary Housing Ordinance. 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. Prior to issuance of a building permit, evidence shall be provided to the Planning Division that the interior noise levels for all of the individual units have been mitigated through construction materials and techniques to less than 45 dB CNEL. Engineering: General 21. 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. 22. This project is approved upon the express condition that a permit for demolition of any structure shall be issued concurrently with the issuance of a grading permit. 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 engineer an acceptable instrument, via CC&R’s and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to on site private drive ,water main, fire hydrant (s),sewer line, storm drain, sidewalks, landscaping, irrigation, enhanced paving, water quality treatment measures, low impact development features located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. PC RESO NO. 7116 -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 25. 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. 26. Developer shall prepare and submit to the County of San Diego Assessor Mapping Division a request for the issuance of ten digit tentative parcel number assignments for each condominium unit. 27. Developer shall install sight distance corridors at the intersection of the private drive and Magnolia Avenue in accordance with City Engineering Standards. The property owner 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. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s Private Road Hold Harmless Agreement. 31. 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. 32. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 33. Developer shall cause property owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 34. 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. 35. Developer shall provide a letter of permission acceptable to the city engineer for offsite drainage work or revise the finish floor elevations of all habitable structures above the 100 year flood event outlet elevation, to the satisfaction of the city engineer. 36. 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 PC RESO NO. 7116 -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 the end of 2015, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 37. 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. 38. 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. 39. 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. 40. 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 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. 41. 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. 42. 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 43. 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. PC RESO NO. 7116 -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 44. 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 standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Water line extension within the public right of way of Magnolia Ave. B. Sewer manhole. C. Water services and water meters at locations approved by the city engineer. Locations shown on the tentative map are subject to review by the city engineer. D. Curb, gutter, sidewalk and driveway approach. E. Relocation of overhead utility facilities. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Non-Mapping Notes 45. 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. Water line extension within the public right of way of Magnolia Avenue. 2. Sewer manhole within the public right of way of Magnolia Avenue. 3. Water services and water meters. 4. Curb, gutter, sidewalk and driveway approach. 5. Relocation of overhead utility facilities. 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. PC RESO NO. 7116 -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 Utilities 46. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. 47. 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. 48. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 49. The developer shall design landscape and irrigation plans utilizing recycled water as a source. 50. Developer shall install potable water and irrigation water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. Locations shown on the tentative map are subject to review by the city engineer. 51. The developer shall design and construct public water and sewer facilities to the satisfaction of the district engineer and city engineer. 52. The developer shall provide separate potable water meters for each separately owned unit within this subdivision unless otherwise approved by the public works director or his/her designee. 53. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi-ownership building within this subdivision provided: A. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to CMWD for the respective building occupied by the multi-ownership , CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. B. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service connection and meter. If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this subdivision per district requirements. . . . . . . PC RESO NO. 7116 -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 Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 54. 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. 55. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 56. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 57. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 58. 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. 59. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 60. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 61. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 62. 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. 63. 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. . . . . . . . . . . . . . . . . . .