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HomeMy WebLinkAbout2016-11-16; Planning Commission; Resolution 7209 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 A MASTER PLAN AMENDMENT, TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT PERMIT FOR 56 SINGLE-FAMILY HOMES ON INDIVIDUAL LOTS WITHIN PLANNING AREA R-4 OF THE QUARRY CREEK MASTER PLAN, LOCATED ON THE NORTH SIDE OF MARRON ROAD AND ADJACENT TO THE WESTERN TERMINUS OF ADOBE SPRINGS ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 25. CASE NAME: QUARRY CREEK – PA R-4 (WEST) CASE NO.: MP 10-01(B)/CT 16-05/PUD 16-06 WHEREAS, Presidio Cornerstone QC, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad described as: Portion of Lot 4 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 (“the Property”); and WHEREAS, said verified application constitutes a request for a Master Plan Amendment, Tentative Tract Map and Planned Development Permit as shown on Exhibits “A – XX” dated November 16, 2016, on file in the Planning Division, MP 10-01(B)/CT 16-05/PUD 16-06– QUARRY CREEK – PA R-4 (WEST) as provided by Chapter 21.38, Title 20 and Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on November 16, 2016, 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 Master Plan Amendment, Tentative Tract Map and Planned Development Permit. WHEREAS, on April 2, 2013, the City Council approved, MP 10-01, as described and conditioned in City Council Ordinance No. NS-209. 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. 7209 PC RESO NO. 7209 -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 Planning Commission RECOMMENDS APPROVAL of MP 10-01(B)/CT 15-09/PUD 16-06 – QUARRY CREEK – PA R-4 (WEST), based on the following findings and subject to the following conditions: Findings: Master Plan Amendment, MP 10-01(B) 1. The proposed project implements the goals and objectives of the General Plan in that the Quarry Creek Master Plan when first adopted was found to comply with all applicable General Plan Goals, Objectives, and Policies, including Land Use. The proposal to allow for detached single- family homes on fee simple lots within Planning Area R-4 is a new use that was not originally envisioned; however, the proposal does not change the master plan densities or change the boundaries of the subject property. Specifically, the minimum required density of 12 dwelling units per acre in PA R-4 will be achieved. The project is consistent with the Master Plan, as amended, and therefore is also in compliance with the General Plan. 2. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the Master Plan includes an analysis of the public facilities needed to support the proposed development, consistent with those contained in the Local Facilities Management Plan for Zone 25 which the project must implement concurrent with development in order to comply with City standards and ordinances including Growth Management. 3. That the residential and open space portions of the Quarry Creek Master Plan will constitute an environment of sustained desirability and stability, and that they will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as playgrounds, and parks, are adequate to serve the anticipated Quarry Creek population and appear acceptable to the public authorities having jurisdiction thereof, in that the residential segments of the Master Plan include a wide variety of housing types that range from lower-income attached units to 3,100-square-foot single-family lots; over 40% of the Master Plan is designated for active recreation, passive recreation, and open space preservation; and the Master Plan vision is to create a neighborhood that embodies the "Ahwahnee Principles" for the development of "livable communities." 4. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that the Master Plan includes various street improvements necessary for the development, as well as portions of Circulation Element roadways identified in the General Plan. 5. That the area surrounding the proposed Master Plan area is or can be planned and zoned in coordination and substantial compatibility with the Master Plan area, in that the proposed 56 single-family units on fee title lots maintain compatibility with surrounding single-family and multi-family developments and zoning designations. 6. That the density of Planning Areas R-4 does not change and continues to meet the density of residential housing mandated by the Quarry Creek Master Plan which is a minimum of 12 dwelling units per acre. PC RESO NO. 7209 -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 Tentative Tract Map, CT 16-05 7. 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(B), as amended. The proposal for 56 single-family units on fee simple lots is 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, as applicable. 8. That the proposed project is compatible with the surrounding future land uses as the single family homes implement the Quarry Creek Master Plan, as amended. This includes the preservation of open space to the north and west of the site, the development of a community recreational facility to the east, and a community facilities site to the southeast and west. 9. 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(B)) are incorporated into the project, including compliance with a minimum density of 12 dwelling units per acre for Planning Area R-4. 10. 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. 11. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 12. 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 single-family residential units have a north, south, east and west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 13. 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. 14. 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. 15. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the city’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. PC RESO NO. 7209 -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 16. 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 112 ADTs, as analyzed in the Quarry Creek Master Plan, 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 16-06 17. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the project is proposing a detached single-family product which diversifies the type of housing offered within the Quarry Creek Master Plan while still achieving an overall minimum density of 12 dwelling units per acre for Planning Area R-4. Ultimately, a community recreation center will be developed to the east and a community facility such as a daycare or a church, are envisioned to be developed on the Community Facilities sites to the southeast. Finally, the increase in project generated traffic (112 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. 18. 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 community facility uses. 19. 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 Mediterranean, Tuscan, and Craftsman, and a total of nine (9) different color schemes. The Spanish Mediterranean architectural style incorporates a concrete “S” tile roof, plaster corbels, decorative metal grilles, vent tiles, fabric awnings, and plaster eaves and trim. The Tuscan architectural style includes a concrete “S” tile roof, stone and brick veneer, wood shutters, rafter tails and plaster corbels as well as decorative recesses. 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, and wood guardrails. In addition, the exterior color schemes for each design include complementary trim colors. A cohesive landscape theme is proposed throughout the development and enhanced paving is provided at the main driveways off of the public streets, as well as a few locations which are internal to the site. California Environmental Quality Act 20. The Planning Commission has determined that: A. The project is a subsequent activity of the Quarry Creek Master Plan (MP 10-01) for which a program EIR (EIR 11-02) was prepared, and a notice for the activity has been given, PC RESO NO. 7209 -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 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 21. 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 November 16, 2016, including, but not limited to the following: A. Land Use: Planning Area R-4 (WEST) of the Quarry Creek Master Plan has a General Plan Land Use designation of Residential, 8-15 dwelling units per acre (R-15). The proposal to subdivide the existing property for the construction of 56 single-family units has a density of 9.7 du/ac. When combined with the density of R-4 (EAST), 13.2 du/ac, the overall development of PA R-4 complies with the required minimum density of 12 du/ac pursuant to the Quarry Creek 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. 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. 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: 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. PC RESO NO. 7209 -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 F. Circulation: Two vehicular access points to the project site are proposed off of Marron Road to the south and one vehicular access point is proposed off Adobe Springs Road which borders the site to the east. In addition, a number of private drive aisles are provided throughout the site and each unit includes a private driveway. 22. 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. 23. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 24. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading permit, building permit or recordation of the final map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Master Plan Amendment, 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 Master Plan Amendment, Tentative Tract Map and Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the PC RESO NO. 7209 -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 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. Prior to recordation of the final map or issuance of any permits for the project, the applicant shall submit to the City Planner a digital copy and camera-ready master copy of the QUARRY CREEK MASTER PLAN – MP 10-01(B) and 10 bound hard copies. 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/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 Master Plan Amendment, 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. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative Map/Planned Development Permit), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. 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. 9. 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. 10. 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. 11. 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. 7209 -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. 12. 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. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 15. Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Master Plan Amendment, Tentative Tract Map and Planned Development Permit by Resolution No. 7209 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 16. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: 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 the 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 PC RESO NO. 7209 -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 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 _________. F. Rooftop Decks and Balconies: Rooftop decks and balconies must be kept in a state of cleanliness and repair at all times. No visible storage or unsightly personal property is permitted and no furniture is permitted that is not intended for outdoor use. No personal property shall extend above the parapet or railing of decks or balconies, including potted plants or hanging plants. An umbrella that is in good maintained condition is acceptable. Outdoor patio and barbecue equipment must be maintained. No wood burning smokers, fire pit, tiki torches, or chimineas are allowed. No awnings, trellises, patio covers, pop-up shades, tarps, window coverings, screening or other equipment shall be installed on rooftop decks or balconies or exterior buildings with the exception of solar energy rooftop panels. 17. This project is being approved as a tentative tract map 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. PC RESO NO. 7209 -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 18. Prior to issuance of the building permit, the Developer shall submit and obtain City Planner approval of an exterior lighting plan for the development. 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. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision must be met prior to approval of a final map, building or grading permit whichever occurs first. General 20. 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. 21. 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. 22. 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 driveways/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. 23. 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. 24. 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 25. 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. 26. 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 27. Based upon a review of the proposed grading and the grading quantities shown on the tentative PC RESO NO. 7209 -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 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. 28. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the tentative final map all subject to city engineer approval. 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. 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. 31. 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. 32. Developer shall prepare and submit an updated Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate that the design of this project is consistent with the design assumptions in the previously approved Quarry Creek Master SWMP and that no design changes are necessary to the existing bioretention BMPs per approved rough grading plan, DWG 484-5A. In addition, 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. 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. Dedications/Improvements 34. Developer shall cause owner to dedicate to the city Marron Road Cul-de-Sac for the Public Street & Public Utility 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. The portion of Marron Road that is already public is not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 35. Developer shall cause owner to vacate a portion of Marron Road Cul-de-sac as shown on the PC RESO NO. 7209 -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 tentative map to the satisfaction of the city engineer. 36. Developer shall cause owner to dedicate to the city a public utility and access easement over Private Driveways “M”, “N” and “O” as shown on the tentative map to the satisfaction of the city engineer. 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. 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 public access easement over Private Driveways “M”, “N” and “O” as shown on the tentative map to the satisfaction of the city engineer. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 38. Developer shall design all proposed public improvements within Marron Road including but not limited to street improvements, pedestrian ramps, driveways, sidewalks, water services/meters, etc. as shown on the tentative map. These improvements shall be shown as construction revision to an existing record public improvement drawing DWG 484-5, to the satisfaction of the city engineer. 39. 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. 40. Developer shall design the Private Driveways “M”, “N” and “O”, as shown on the tentative map to the satisfaction of the city engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. 41. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 1) Install 12” potable water line and appurtenances within a public utility and access easement over Private Driveways “M” and “O”. Install 8” potable water line and appurtenances within a public utility and access easement over a portion of Private Driveway “M” and Private Driveway “N.” 2) Install 10” gravity sewer line and appurtenances within a public utility and access easement over a portion of Private Driveways “M” and “O”. Install 8” gravity sewer line and appurtenances within a public utility and access easement over a portion of Private Driveways “M” and “N.” 3) Install 6” recycled water line and appurtenances within a public utility and access easement over a portion of Private Driveways “M” and “O.” 42. Developer shall design the private drainage systems, as shown on the tentative map to the PC RESO NO. 7209 -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 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. 43. Developer shall design the on-site fire services, as shown on the tentative map, to the satisfaction of the Fire Marshal. 44. 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. 45. 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 46. Add the following notes to the final map as non-mapping data: A. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 1) Install 12” potable water line and appurtenances within a public utility and access easement over Private Driveways “M” and “O”. Install 8” potable water line and appurtenances within a public utility and access easement over a portion of Private Driveways “M” and “N.” 2) Install 10” gravity sewer line and appurtenances within a public utility and access easement over Private Driveways “M” and “O”. Install 8” gravity sewer line and appurtenances within a public utility and access easement over a portion of Private Driveways “M” and “N.” 3) Install 6” recycled water line and appurtenances within a public utility and access easement over a portion of Private Driveways “M” and “O.” B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. D. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements PC RESO NO. 7209 -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 identified in the city approved development plans. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any 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 47. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are 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. 48. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 49. 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. 50. 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. 51. The developer shall design and agree to 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 52. 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. 53. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 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. PC RESO NO. 7209 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .