Loading...
HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7137 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 AND PLANNED DEVELOPMENT PERMIT FOR 88, TWO-STORY, MULTI-FAMILY AIRSPACE CONDOMINIUMS WITHIN PLANNING AREA R-3 OF THE QUARRY CREEK MASTER PLAN, LOCATED ON THE CORNER OF MARRON ROAD AND EL SALTO FALLS STREET IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: QUARRY CREEK – PA R-3 CASE NO.: CT 15-05/PUD 15-13 WHEREAS, Presidio Cornerstone QC, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad described as: Lot 3 of Carlsbad Tract Map CT 11-04, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 16038, filed in the Office of the County Recorder of San Diego, on July 10, 2015 as File No. 2015-7000255 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Planned Development Permit as shown on Exhibits “A – QQ” dated December 16, 2015, on file in the Planning Division, CT 15-05/PUD 15-13 – QUARRY CREEK – PA R-3 as provided by Title 20 and Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 16, 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 and Planned Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CT 15-05/PUD 15-13 – QUARRY CREEK – PA R-3, based on the following findings and subject to the following conditions: . . . PLANNING COMMISSION RESOLUTION NO. 7137 PC RESO NO. 7137 -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 15-05 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 is consistent with the Quarry Creek Master Plan, MP 10-01(A), which was analyzed and found to be consistent with the goals, objectives and policies of the city’s General Plan; Title 20, including the Subdivision Map Act; and Title 21, including the Planned Development Ordinance. 2. That the proposed project is compatible with the surrounding future land uses as the residential use implements the Quarry Creek Master Plan, which includes the preservation of open space to the north of the site and the future development of a community recreational facility to the west and a community facilities site to the south. Further, a 50-foot-wide planning buffer is included along the northern boundary of the site to provide a buffer between the proposed condominiums and the open space lot to the north. 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 Quarry Creek Master Plan (MP 10-01(A)) are incorporated into the project, including compliance with minimum density of 15 dwelling units per acre. 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 airspace condominium 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 site. The biological mitigation measures associated with the Quarry Creek Master Plan have been implemented and integrated into the project and no additional mitigation is required. PC RESO NO. 7137 -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 704 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 traffic mitigation measures associated with the implementation of the Quarry Creek Master Plan are required to be satisfied prior to issuance of building permits. Planned Development Permit, PUD 15-13 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 product that was envisioned and approved as part of the Quarry Creek Master Plan. The proposal to construct 88 multi-family airspace condominiums is consistent with Planning Area R-3 and the proposed density of 16.83 dwelling units per acre (du/ac) complies with the minimum density of 15 du/ac. In addition, as required by the Master Plan, a 50-foot-wide planning buffer is included along the northern boundary of the site to provide a buffer between the proposed condominiums and the open space lot to the north. With exception to the existing commercial shopping center on the adjacent parcel to the east, the surrounding properties are vacant. Ultimately, a community recreation center and park will be developed to the west and a community facility such as a daycare or a church, are envisioned to be developed on the Community Facilities site to the south. Finally, the project generated traffic (704 ADTs) can be accommodated on the surrounding streets and has been previously analyzed pursuant to the Environmental Impact Report which was prepared for the Quarry Creek Master Plan (EIR 11-02) and certified by the City Council on April 2, 2013. 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, open space 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 a variety of roof planes, three different styles, Spanish Colonial, Tuscan, and Craftsman, and a total of nine (9) different color schemes. The Spanish Colonial architectural style incorporates a concrete “S” tile roof, plaster corbels, decorative ceramic tiles, vent tiles, fabric awnings, plaster eaves and trim, and wrought iron. The Tuscan architectural style includes a concrete “S” tile roof, medallion accent vents, wood shutters, brick trim, wrought iron, arched elements, decorative plaster rosettes, wood beams and brackets, rafter tails and plaster corbels. The Craftsman theme includes a flat concrete tile roof, wood shutters, horizontal lap siding, board and batten siding, plaster recesses, decorative corbels, wood knee braces, wood guardrails, and trellis details above the front doors. In addition, the exterior color schemes for each design include complementary trim colors. PC RESO NO. 7137 -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 A cohesive landscape theme is proposed throughout the development and enhanced paving is provided at the central driveway, as well as at the entrance to each of the drive aisles. Finally, the inclusion of the 50-foot-wide planning buffer and an eight-foot-wide trail along the northern boundary of the site contributes to the overall aesthetic quality of the community. California Environmental Quality Act 14. The Planning Commission has determined that: a. The project is a subsequent activity of the Quarry Creek Master Plan (MP 10-01(A)) for which a program EIR (EIR 11-02) 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)]; b. This project is consistent with the Quarry Creek Master Plan cited above; c. The Quarry Creek Master Plan EIR 11-02 was certified in connection with the prior project or plan; d. The project has no new significant environmental effect not analyzed as significant in the prior EIR; e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f. Planning Commission finds that all feasible mitigation measures identified in the Quarry Creek Master Plan EIR 11-02, which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. General 15. 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 December 16, 2015, including, but not limited to the following: a. Land Use: Planning Area R-3 of the Quarry Creek Master Plan has a General Plan Land Use designation of Residential, 15 to 23 dwelling units per acre (R-23). The project has a proposed density of 16.83 du/ac, which complies with the minimum density of 15 du/ac for PA R-3. A total of 95 dwelling units were originally anticipated to be constructed within Planning Area R-3; 88 units are currently proposed. As a result, the difference of seven (7) units is proposed to be transferred to Planning Area R-2, which is also designated as a high density, multi-family site. This transfer of units to another residential planning area is permissible pursuant to Section 8.3 the Master Plan. b. Housing: The proposed project is consistent with the Housing Element of the General Plan and the City’s Inclusionary Housing Ordinance in that the requisite inclusionary housing will be provided in Planning Area R-1 of the Quarry Creek Master Plan. PC RESO NO. 7137 -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 c. Public Safety: The project is located within a five minute response time of Fire Station No. 3 and has been designed to comply with the fire code, including provisions for an automatic sprinkler system within each condominium unit. d. Open Space & Conservation: The project will not have any environmental impacts on the previously-graded site which is void of sensitive habitat. A 50-foot-wide planning buffer along the northern boundary of the site is incorporated into the project design to provide a buffer between the multi-family airspace condominium units and the open space parcel to the north. In order to control the 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: Pursuant to a Noise Analysis prepared for the project (dBF Associates, Inc., May, 2015), noise walls are not required since the existing and future noise levels are projected to be 60 dBA CNEL or less. Pursuant to the mitigation measures of the Quarry Creek Master Plan, prior to issuance of the building permit, a registered acoustician shall verify that the project complies with the interior noise standard of 45 dBA CNEL or less. f. Circulation: Two access points to the project site are proposed off of Marron Road, which borders the southern property line. 16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 25 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 25 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 17. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 18. 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. . . . PC RESO NO. 7137 -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 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 and Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Tentative Tract Map and Planned Development Permit, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (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. PC RESO NO. 7137 -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 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 25 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 25, 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 and Planned Development Permit by Resolution No. 7137 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. 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 PC RESO NO. 7137 -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 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 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. 7137 -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 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. No building permits shall be issued for the development of any residential units until a Site Development Plan is approved for the affordable housing project for Planning Area R-1 of the Quarry Creek Master Plan. 18. Developer shall submit and obtain City Planner approval of an exterior lighting plan for the development. All lighting located within the 50-foot-wide planning buffer shall be low pressure sodium and designed to reflect downward and avoid any impacts on adjacent homes and the open space to the north. 19. The project shall comply with all applicable mitigation measures of the Mitigation, Monitoring, and Reporting Program for Environmental Impact Report EIR 11-02 of the Quarry Creek Master Plan. 20. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 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 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. 23. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the site plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 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 private streets, utilities, street trees, sidewalks, landscaping, street lighting, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 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. PC RESO NO. 7137 -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 26. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 27. 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. 28. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. Grading 29. 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. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. PC RESO NO. 7137 -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 35. 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 36. Developer shall cause owner to dedicate to the city a public trail easement purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 37. Developer shall cause owner to dedicate to the city a pedestrian easement purposes along El Salto Falls Street as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 38. Developer shall design all proposed public improvements including but not limited to public trails, pedestrian ramps, driveways, sidewalk, water services/meters, etc. as shown on the tentative map. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing DWG 484-5. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 39. Developer shall design and post security for all proposed private improvements including but not limited to private driveways and sidewalks, private water and sewer mains, water services, sewer laterals, fire services, etc. as shown on the tentative map. The design shall conform to the City of Carlsbad Standards to the satisfaction of the city engineer. These private improvements including but not limited to the following, shall be shown on a separate improvement plan labeled as “Private Improvement Plans,” subject to city engineer approval: A. Private driveways “A, B, C, D, E, F and G”. The structural section of all private driveways shall conform to City of Carlsbad Standards based on R-value tests. B. Private potable water main and services C. Private fire water main, fire services and fire hydrants D. Private sewer main and laterals All private improvements shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. PC RESO NO. 7137 -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 40. 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. 41. Developer shall design the on-site fire services, as shown on the tentative map, to the satisfaction of the Fire Marshal. 42. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 43. Prior to issuance of building permits, developer shall install private sewer main and private sewer services to the satisfaction of the city engineer. Non-Mapping Notes 44. Add the following notes to the final map as non-mapping data: A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. 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. C. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any 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. 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 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. Utilities 45. Developer shall meet with the fire marshal to determine fire protection measures (fire services, fire flows, fire hydrants and building sprinklers) required to serve the project. Fire hydrants and building sprinklers served by private onsite fire water main shall be designed to the satisfaction of the Fire Marshal. 46. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. PC RESO NO. 7137 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. 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 private improvement plans. 48. 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. 49. Developer shall record a deed restriction or other such document as approved city engineer placing future owners on notice that each and every residential unit is served by a master 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, CMWD may at its direction shut off the water service in accordance with CMWD adopted rules and regulations. 50. Developer shall install a private sub-meter for each separately established residence within a multi-ownership building having a single potable water service connection and meter. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 51. 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. 52. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 53. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 25 as required by Carlsbad Municipal Code Section 21.90.050. 54. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 55. 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. 56. 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. 57. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 59. 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. 7137 -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 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. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . .