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HomeMy WebLinkAbout2015-12-16; Planning Commission; Resolution 7143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 14-08, NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT PERMIT PUD 15-01, SITE DEVELOPMENT PLAN SDP 14-11, CONDITIONAL USE PERMIT CUP 15-03, COASTAL DEVELOPMENT PERMIT CDP 14-29, AND HILLSIDE DEVELOPMENT PERMIT HDP 14-06 TO DEVELOP A 71- ROOM HOTEL BUILDING AND DEVELOP AND SUBDIVIDE A 36-UNIT TIMESHARE CONDOMINIUM BUILDING ON A 3.6 ACRE PROPERTY GENERALLY LOCATED WEST OF THE CROSSINGS DRIVE AND EAST OF MARBRISA DRIVE IN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 8. CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14-29/ HDP 14-06 WHEREAS, Grand Pacific Resorts, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by the City of Carlsbad, “Owner,” described as Those portions of Lots F and H of Rancho Agua Hedionda, in the County of San Diego, State of California, according to Partition Map No. 823, filed in the office of the County Recorder of San Diego County, November 16, 1896; and, Lot 9 of City of Carlsbad CT 09-03, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 15902, filed in the office of the County Recorder of San Diego County, March 4, 2013 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Non- Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit as shown on Exhibits “A0-A17”, “C1-C7”, “P1-P2”, and “L1-L7” dated December 16, 2015, on file in the Planning Division CT 14-08/PUD 15-01/SDP 14- 11/CUP 15-03/CDP 14-29/HDP 14-06 – WESTIN HOTEL AND TIMESHARE, as provided by Chapters 20.12, 21.47, 21.06, 21.42, 21.201, and 21.95 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, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit. PLANNING COMMISSION RESOLUTION NO. 7143 PC RESO NO. 7143 -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 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 Commission RECOMMENDS APPROVAL of CT 14-08/PUD 15-01/SDP 14-11/CUP 15-03/CDP 14- 29/HDP 14-06 – WESTIN HOTEL AND TIMESHARE, based on the following findings and subject to the following conditions: Findings: Tract Map 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 the proposed subdivision is a single lot for condominium timeshare purposes. The property’s Visitor Commercial land use designation encourages commercial uses that serve the travel and recreation needs of visitors and residents. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are also designated for development on the General Plan as visitor commercial uses that serve the travel and recreation needs of visitors and residents 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 the proposed project while complying with all development standards. 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 proposed subdivision is a single lot for condominium timeshare purposes and will therefore not conflict with existing or proposed 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 structures are oriented such that the hotel and timeshare units will be able to take advantage of prevailing breezes and regulate heating and cooling by actuating the fully functioning doors and windows within the units. 7. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the site has been fully evaluated for the presence of protected habitat and/or species and none are found onsite. 8. 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 to comply with the current Regional Water Quality Control Board requirements as well as any new requirement established prior to the issuance of a building permit. PC RESO NO. 7143 -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. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and Carlsbad Ranch Specific Plan based on the facts set forth in the staff report dated November 18, 2015 including, but not limited to the following: 10. The proposed hotel and timeshare land use is specified as allowed and encouraged in the General Plan as visitor commercial uses and is the designated land use in the Carlsbad ranch Specific Plan. 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 8 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; and circulation related to the project will be installed to serve the new development prior to or concurrent with need. Specifically, A. 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. B. The Local Facilities Management fee for Zone 8 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 12. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 8. 14. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted City standards. Non-Residential Planned Development Permit 15. The granting of this permit will not adversely affect and will be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies in that the non-residential development permit allows for the creation of timeshare condominium units which is established as an encouraged and allowed use within the Visitor Commercial General Plan land use designation and the land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 16. The proposed use at the particular location is necessary and desirable to provide a service or facility, which will contribute to the general well-being of the neighborhood and the community in that timeshare ownership provides one opportunity among many opportunities to achieve fractional land ownership. 17. Such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity in that persons in the vicinity are also most likely there as a visitor and will also be taking advantage of visitor serving commercial uses. PC RESO NO. 7143 -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 18. The proposed nonresidential planned development meets all of minimum development standards of the underlying zone. 19. In granting a nonresidential planned development permit, the City Council, Planning Commission or City Planner may modify the plan or impose such conditions as it deems necessary to protect the public health, safety, and general welfare. Because the project is the extension of existing visitor commercial uses in the vicinity no special conditions are necessary to ensure compatibility. Conditional Use Permit 20. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan, in that timeshare ownership provides one opportunity among many opportunities to achieve fractional land ownership. 21. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that timeshare condominium units are established as an encouraged and allowed use within the Visitor Commercial General Plan land use designation and the land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 22. That the site for the proposed conditional use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner, planning commission or city council, in order to integrate the use with other uses in the neighborhood, in that as designed the project site accommodates the proposed development without the inclusion of special adjustments or variances to development standards. 23. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the 856 Average Daily Trips generated by the resort property will be distributed between The Crossings Drive, Cannon Road and Palomar Airport Road. 24. That the time-share project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful time- share project and that the project will not be disruptive to existing or future uses in the surrounding neighborhood, in that the Sheraton Hotel, MarBrisa Timeshare resort, LEGOLAND hotel and The Crossings at Carlsbad golf course are adjacent to the project site. Site Development Plan 25. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is the creation of hotel and timeshare buildings which are established as encouraged and allowed uses within the Visitor Commercial General Plan land use designation and the land use table for Planning Area 5 and 5A of the Carlsbad Ranch Specific Plan. 26. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that PC RESO NO. 7143 -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 the property is adjacent to an existing resort development and the project is an extension of the existing use and integrated through a direct physical connection. 27. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that as designed the project site accommodates the proposed development without the inclusion of special adjustments or variances to development standards. 28. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the project is consistent with the development standards established for the property and that the land use is an extension of existing uses adjacent to the property and no special adjustments are necessary. 29. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the 856 Average Daily Trips generated by the resort property will be distributed between The Crossings Drive, Cannon Road and Palomar Airport Road. 30. The proposed common parking reduction is consistent with the common parking provisions of Carlsbad Municipal Code Section 21.44.050(a). The parking necessary to meet the peak hourly demand of the overall development of Carlsbad Ranch Planning Areas 5 and 5A will be provided along with all other design features such as parking lot landscaping. The proposed parking reduction of 12.9% for common parking facilities equals 198 parking spaces. Hillside Development Permit 31. That onsite hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 32. That undevelopable areas of the project site, i.e., natural slopes over 40%, have been properly identified on the constraints map and no such hillside slopes exist onsite. 33. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that slope conditions have been considered in the project design, the timeshare building is designed as being built into a manufactured slope and a new grade is established through an authorized grading plan, buildings are oriented to parallel the manufactured slope contours, roof designs are presented as “hip” which emulate hilltops. 34. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that no undevelopable areas exist onsite. 35. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that development occurs on the manufactured pad and steps into the pad from the east with the creation of a lower basement level parking area, buildings are setback from the top-of-slope along the eastern edge of the site at a ratio of 0.7 foot per 1.0 foot of vertical building height, a portion of the hotel building encroaches over the top of the northern most manufactured downhill perimeter slope but will preserve open space in contrast to creating a lengthy pedestrian connection between the existing Planning Area 5 and Planning Area 5A. 36. That the project design and lot configuration minimizes disturbance of hillside lands, in that the project site does not include native natural slopes. PC RESO NO. 7143 -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 General 37. The Planning Commission of the City of Carlsbad does hereby find: A. it has reviewed, analyzed and considered Final EIR 15-02, the environmental impacts therein identified for this project; the CEQA Findings, and the Program prior to RECOMMENDING APPROVAL of the project; B. the Final EIR 15-02, the CEQA Findings, and the Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Carlsbad; and, they reflect the independent judgment of the City of Carlsbad Planning Commission. 38. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the CEQA Findings, including feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines 15091, and infeasibility of project alternatives. 39. The Planning Commission hereby finds that the Program is designed to ensure that during project implementation the Developer and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and the Program. 40. The Record of Proceedings for this project consists of a Project Environmental Impact Report, Findings of Fact, and Mitigation Monitoring and Reporting Program which may be found at 1635 Faraday Avenue in the custody of the City Clerk and City Planner. 41. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated October 2004, in that the project is compatible with the projected noise levels of the ALUCP; and, based on the noise/land use compatibility matrix of the ALUCP, the proposed land use is compatible with the airport. 42. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 43. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained PC RESO NO. 7143 -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 by Developer or a successor in interest by the City’s approval of this Tentative Tract Map, Non- Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside 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, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside 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, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside 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 City Planner a reproducible 24” x 36” mylar copy of the 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 8 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 36 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 PC RESO NO. 7143 -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 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 #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 13, 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. Prior to the issuance of the Grading Permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map, Non-Residential Planned Development Permit, Site Development Plan, Conditional Use Permit, Coastal Development Permit, and Hillside Development Permit by Resolution(s) No. 7143 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. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping 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. 14. 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. 15. CUP 15-03 shall be reviewed by the City Planner annually to determine if all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health, safety and general welfare. If the City Planner determines that: 1) the Conditional Use Permit was obtained by fraud or misrepresentation; or 2) the use for which such approval was granted is not being exercised; or 3) the Conditional Use Permit is being or recently has been exercised contrary to any of the terms or conditions of approval or the conditions of approval have not been met; or 4) the use for which such approval was granted has ceased to exist or has been suspended for one year or more; or 5) the use is in violation of any statute, ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is being or has been so exercised as to be detrimental to the public health, safety or welfare or so as to constitute a nuisance, the City Planner shall recommend that the Planning Commission hold a public hearing and after providing the permittee the opportunity to be heard, the Planning Commission may revoke and terminate the Conditional Use Permit in whole or in part, reaffirm the Conditional Use Permit, modify the conditions or impose new conditions. . . . PC RESO NO. 7143 -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 Conditional Use Permit is granted without an expiration date. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. 17. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the City Planner. Said facilities, if required, shall be free from advertising and shall at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. 18. 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 13, 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. 19. All roof appurtenances, with the exception of photo voltaic systems, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community and Economic Development Department and Planning. 20. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 22. 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. 23. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 24. Developer shall construct, install, and stripe not less than 80 parking spaces, as shown on Exhibit “C4”. 25. Prior to issuance of a building permit, all parties involved in the joint use of a parking lot shall provide evidence of agreement for such joint use by a proper legal instrument approved by the city attorney as to form and the City Planner as to content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the City Planner. 26. If the project cannot be successfully marketed as a timeshare project, it shall be converted to a hotel use pursuant to C.M.C. Section 21.42.140(B)(155). PC RESO NO. 7143 -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 27. A management and maintenance plan approved, by the City Planner, shall be made part of the permit for the project. 28. The maximum time increment for recurrent exclusive use of occupancy of a timeshare unit shall be four months. A note indicating this requirement shall be placed on the final map. Engineering NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, building permit or recordation of final map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. General 29. 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. 30. 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. 31. Any required boundary adjustment shall be completed prior to the approval of a final map, grading permit or building permit. 32. 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, storm drains, sidewalks, landscaping, 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. 33. 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. Fees/Agreements 34. 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. 35. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 36. 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. 37. Any private improvements located over existing or proposed public right of way or easements shall cause the property owner to apply for, execute, and submit, to the satisfaction of the city engineer for recordation, an Encroachment Agreement. PC RESO NO. 7143 -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 38. 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. Grading 39. 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. 40. This project requires off site grading and improvement. No grading or private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the satisfaction of the city engineer, of an easement or agreement from the owners of the affected properties. If developer is unable to obtain the easement or agreement, the developer must modify the plans so grading and improvement will not occur outside the project and apply for and obtain a finding of substantial conformance from the city engineer and/or a consistency determination from the city planner. 41. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements are currently predicted to become effective in 2016, and will affect the design of this project. The storm water treatment reports submitted have been accepted for discretionary approval. Prior to construction, Developer shall revise all reports to demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 42. 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. 43. 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. 44. 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. . . . PC RESO NO. 7143 -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 45. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city’s BMP Design Manual, latest version. In addition to pollution control BMP selection criteria in the Manual, 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 SWQMP plan review and inspection fees per the city’s latest fee schedule. 46. 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, pollution control BMP, applicable hydromodification measures, and Low Impact Design (LID) facilities. Improvements 47. 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. 48. 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 or as determined by the city engineer. Some on-site public utility improvements may be constructed as private utilities as determined by the city engineer. Said public 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, fire hydrants and appurtenances b. Sewer main, manholes and cleanouts 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 49. 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, fire hydrants and appurtenances 2. Sewer main, manholes and cleanouts 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. PC RESO NO. 7143 -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 c. Geotechnical Caution: 1. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 2. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 50. 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, may be considered public improvements and if so, shall be served by public water mains to the satisfaction of the district engineer. 51. 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. 52. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 53. 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. 54. 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. 55. 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. 56. The developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. PC RESO NO. 7143 -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 57. The developer shall contact the district engineer to determine if a sewer study is required. If so, the developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 58. The developer shall contact the district engineer to determine if a potable water study is required. If so, the developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 59. The developer shall contact the district engineer to determine if a recycled water study is required. If so, the developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 60. 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. 61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 8 as required by Carlsbad Municipal Code Section 21.90.050. 63. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. 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. 65. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 67. 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.