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HomeMy WebLinkAbout2015-08-05; Planning Commission; Resolution 7117 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 FLOOR PLANS AND ELEVATIONS FOR ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 3, 6, AND 13 AS WELL AS THE SITE PLAN AND BUILDING ELEVATIONS FOR THE COMMUNITY RECREATION BUILDING ON PLANNING AREA 4 ON PROPERTIES GENERALLY LOCATED SOUTH OF TAMARACK AVENUE, NORTH AND EAST OF EL CAMINO REAL AND NORTH OF CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 14. CASE NAME: ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 3, 4, 6, AND 13 CASE NO.: PUD 13-06(A)/PUD 13-06(B)/SDP 15-01 WHEREAS, Rancho Costera, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel 1 of Certificate of Compliance for Adjustment Plat No. CE 12-14 recorded November 13, 2012 as Document No. 2013-0706271 (“the Property”); and WHEREAS, said verified application constitutes a request for Planned Development Permit Amendments and Site Development Plan as shown on Exhibits P3 “A” – “J”; P3 “A1.1” – “A1.25”; P4 “A” – “R”; P6/13 “A” – “P”; and P6/13 “A1” – “A42” dated August 5, 2015, on file in the Planning Division PUD 13-06(A)/PUD 13-06(B)/SDP 15-01 – ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 3, 4, 6, AND 13, as provided by Chapters 21.45 and 21.06 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 Planned Development Permit Amendments and Site Development Plan. 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. PLANNING COMMISSION RESOLUTION NO. 7117 PC RESO NO. 7117 -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 B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 13-06(A)/PUD 13-06(B)/SDP 15-01 – ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 3, 4, 6 and 13 based on the following findings and subject to the following conditions: Findings: Planned Development Permit Amendments (PUD 13-06(A) and PUD 13-06(B)) 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the density of development within each of the Planning Areas falls within the Residential Medium (RM – 4-8 du/ac) or Residential Low Medium (RLM – 0-4 du/ac) density ranges consistent with the Land Use designation identified in the Robertson Ranch Master Plan. As discussed in the project staff report, the project is consistent with all minimum development and design standards applicable to the property as contained in Chapter 21.45 (Planned Developments). 2. 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 single family detached project does not require any variances from standards; is compatible with existing surrounding single-family residential uses as permitted by the One-Family Residential (R-1) Zone and Residential Density Multiple Zone (RD-M); and does not create any traffic circulation impacts as all internal public and private streets are designed to adequately accommodate the 15,769 Average Daily Trips (ADT) being generated within the Robertson Ranch Master Plan West Village. 3. The project will not adversely affect the public health, safety, or general welfare, in that the project lots have been designed to comply with all applicable development standards to ensure compatibility with surrounding single-family residential uses and the project architectural design blends with the various architectural styles of single family homes found in the surrounding neighborhoods. 4. The project’s design, including streets, architecture, and lot layout 1) Contributes to the community’s overall aesthetic quality, 2) Includes the use of harmonious materials and colors, and the appropriate use of landscaping, and 3) Achieves continuity among all elements of the project, in that the project is arranged in a modified grid configuration with both public and private through streets and cul-de-sacs commonly found in single family neighborhoods; commonly owned lots are fully landscaped; and the combined elements (i.e. site layout, lot design, circulation system, architecture, and landscaping) create continuity in the overall project design. 5. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the hillside conditions are properly identified and the project is designed to relate to the edge of the slopes pursuant to 21.95.140(I). . . . PC RESO NO. 7117 -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 6. The building elevations have been designed in conformance with the Robertson Ranch Master Plan Design Guidelines Sections IIIB2 and 3 in that architectural styles include the design elements of California Monterey, California Bungalow, English Country, Italian Tuscany, and Mission Style as well as incorporating the various materials described including stucco, wood shutters, concrete roof tiles, horizontal lap siding, large front entry porch, arched entries, arched decorative elements, ornamental chimney caps, plant shelf, dressed stone accents wainscoat, decorative wood or foam corbels, and exposed wood rafters. 7. That the project complies with Council Policy No. 44 Neighborhood Architectural Design Guidelines. Site Development Plan SDP 15-01 8. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, 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 circulation, in that the common recreation facility which includes onsite parking, a recreation building, pool area and lounge patio is located within close proximity of several neighborhoods of the West Village and will serve as convenient recreation for all 672 residential units within the West Village. 9. That the site for the intended use is adequate in size and shape to accommodate the use, in that the improvements proposed for Planning Area 4 meet all lot coverage and setback requirements for the zone and includes adequate onsite parking exceeding the minimum on- street parking required. 10. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that the community facilities are designed as an integral part of the Robertson Ranch West Village and located so as to be readily accessible to all of the West Village neighborhoods. 11. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the common recreation facility will not generate additional traffic since it is the residents of the Robertson Ranch West Village that will have use of the facilities. California Environmental Quality Act 12. The City Planner has determined that: a. the project is a: (1) subsequent activity of a project for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA) [15168( c)(2) and (e)]; and PC RESO NO. 7117 -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 (2) project for which a Mitigated Negative Declaration was previously adopted [15162]. b. this project is consistent with the project cited above; c. EIR 03-03 was certified November 2006 for the Robertson Ranch Master Plan and a Mitigated Negative Declaration for the West Village was adopted in December 2012 in connection with an amendment for the Robertson Ranch Master Plan (MP 02-03D); d. the project has no new significant environmental effect not analyzed as significant in the prior EIR or Mitigated Negative Declaration; and e. none of the circumstances requiring a Subsequent EIR or Mitigated Negative Declaration or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. General 13. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 14. 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 below shall be satisfied prior to building permit issuance or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 1. Building permits for any production home shall not be issued until after recordation of Final Vesting Map CT 13-03. 2. 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. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit Amendments and Site Development Plan 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. PC RESO NO. 7117 -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 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 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. 6. Developer shall implement, or cause the implementation of, the Robertson Ranch West Village Project Mitigation Monitoring and Reporting Program. 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 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 these Planned Development Permit Amendments and Site Development Plan, (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. 8. Developer shall submit to the City Planner a reproducible 24” x 36” mylar copy of the Planned Development Permit Amendments and Site Development Plan Site Plans reflecting the conditions approved by the final decision-making body. 9. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. 10. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Official from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 11. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 14 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 12. 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. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy PC RESO NO. 7117 -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 14. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 17. The Developer shall provide required passive and active recreational areas per the approved plans pursuant to the following: Planning Area 4 (common west village recreation facility) shall be fully completed prior to issuance of the 78th occupancy permit (25% occupancy of all single family homes in the west village) within Planning Areas 3, 5, 6, 9/10, and 13. Planning Area 3 “Exercise Park” shall be completed prior to the issuance of the 40th occupancy permit (46% occupancy) and “Treehouse Park” shall be completed prior to the issuance of the 52nd occupancy permit (60% occupancy) within Planning Area 3. Planning Area 6 “Hillside Park” shall be completed prior to the issuance of the 32nd occupancy permit (37% occupancy) within Planning Area 6. 18. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 19. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 20. 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. 7117 -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 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. 7117 -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 21. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. Engineering PUD 13-06(A)/PUD 13-06(B) 22. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 23. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 24. Prior to the approval of grading permit or building permit, the developer shall complete processing of a final map for the lots as shown on the site plan. 25. Prior to the approval of a grading permit or building permit, all public improvements including streets, water line and sewer lines required for access and utility service to the site shall be constructed to the satisfaction of the city engineer and the Fire Marshall. Fees/Agreements 26. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 27. Based upon a review of the proposed grading and the grading quantities shown on the site plan, 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. 28. 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, 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. PC RESO NO. 7117 -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 29. 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. 30. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 31. 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. 32. 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. 33. 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. 34. 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). SDP 15-01 35. 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. . . . PC RESO NO. 7117 -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 36. 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. 37. Prior to the approval of grading permit or building permit, the developer shall complete processing of a final map for the site as shown on the site plan. 38. Prior to the approval of a grading permit or building permit, all public improvements including streets, water line and sewer lines required for access and utility service to the site shall be constructed to the satisfaction of the city engineer and the Fire Marshall. Fees/Agreements 39. 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. 40. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 41. Based upon a review of the proposed grading and the grading quantities shown on the site plan, 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. 42. 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, 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. 43. 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. 44. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. PC RESO NO. 7117 -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 45. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets 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. 46. 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. 47. 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. 48. 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). Dedications/Improvements 49. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 50. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Water service. B. Driveway approach and sidewalk. 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. Utilities 51. 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. PC RESO NO. 7117 -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 52. 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. 53. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 54. 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. 55. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 56. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 57. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 58. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 59. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 60. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 61. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320 63. 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. PC RESO NO. 7117 -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 64. New single-family residential developments containing one or more model home(s): A water efficient landscaping brochure shall be available for each group of adults visiting the model home. At a minimum, each brochure shall include information describing the water efficient features of the model’s landscaping; resources for additional information regarding water efficiency in landscaping; contact information for the local water purveyor and Planning Division; and a reference to the requirements of this landscape manual. A copy of the brochure shall be provided to the Planning Division prior to the City authorizing temporary occupancy as a model home. 65. An educational sign shall be placed in the front yard of each model home so that it is visible and readable from the roadway. The sign shall be white with black capital lettering at least two inches high and shall state “THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION”. 66. Developer shall pay traffic impact and sewer impact fees as required 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. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . . . . . . .