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HomeMy WebLinkAbout2017-08-02; Planning Commission; Resolution 7256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT PERMIT TO ALLOW DEVELOPMENT OF AN EIGHT-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.34 ACRE SITE LOCATED AT 3337 TYLER STREET, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TYLER STREET RESIDENCES CASE NO.: CT 2017-0002/PUD 2017-0001 (DEV2017-0021) WHEREAS, Tyler Street Development, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as The Southwesterly 212.0 feet of Lot 9 of Industrial Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof no. 1743, filed in the Office of the County Recorder of San Diego County, January 3, 1923. Excepting therefrom the Northwesterly 69.0 feet being drawn parallel with and distant 69.0 feet at right angles from the Northwesterly line of said Lot 9. Also excepting therefrom the Southwesterly 106.0 feet thereof; and Lot 9 of Map 1743 excepting therefrom the Northwesterly 69.0 feet thereto the Southeasterly line of said Northwesterly 69.0 feet being drawn parallel with a distant 69.0 feet at right angles from the Northwesterly line of said Lot 9. Also excepting therefrom the Southwesterly 212 feet thereof (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Planned Development Permit as shown on Exhibits “A” – “N” dated August 2, 2017, on file in the Planning Division, CT 2017-0002/PUD 2017-0001 (DEV2017-0021) – TYLER STREET RESIDENCES as provided by Chapters 21.24, 21.45, 20.12 and 20.16 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 2, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7256 PC RESO NO. 7256 -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 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CT 2017-0002/PUD 2017-0001 (DEV2017-0021) – TYLER STREET RESIDENCES, based on the following findings and subject to the following conditions: Findings: Tentative 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 one-lot tentative tract map for an eight-unit air-space condominium subdivision is consistent with the General Plan and satisfies all minimum requirements of Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed in the project staff report. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan and are developed with single-family and multiple-family homes of comparable densities and lot sizes. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the R-30 Residential General Plan Land Use designation allows residential development at a density range of 23 to 30 dwelling units per acre. Based on a net acreage of 0.34 acre, the proposed eight residential condominium units have a density of 23.5 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project is consistent with this finding. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures have been designed to include operable windows on all elevations and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that the applicant proposes to purchase one (1) housing credit within the Tavarua Affordable Housing Project, or an alternative solution authorized by the City Council, to satisfy their inclusionary housing obligations prior to the issuance of a building permit. As such, the project has been conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. PC RESO NO. 7256 -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 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the previously developed lot is devoid of sensitive vegetation and any natural water features; therefore, the proposed project does not impact any fish, wildlife or habitat. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the city’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing street (Tyler Street) can accommodate the estimated 64 average daily trips (ADTs) and all required public right-of-way has been, or will be, dedicated and has been, or will be, improved to serve the development. In addition, the proposed project would not result in any significant capacity-related impacts to any road segments or intersections. Planned Development Permit 11. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project’s proposed density of 23.5 du/ac is within the R-30 Residential density range of 23-30 du/ac. As discussed in the project staff report, the project is consistent with all development and design standards applicable to the property as contained in Chapters 21.24 (Multiple-Family Residential (RD-M)) Zone and 21.45 (Planned Developments) of the Carlsbad Municipal Code. 12. 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 eight-unit residential air-space condominium project is compatible with existing surrounding single-family residential and multiple-family residential uses as permitted by the Residential Density – Multiple (RD-M) Zone and does not create any traffic circulation impacts as Tyler Street is adequately designed to accommodate the 64 Average Daily Trips (ADT) being generated. 13. The project will not adversely affect the public health, safety, or general welfare, in that the eight- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-family and multiple- family residential uses. 14. 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 three-story, eight-unit residential air-space condominium project is an upgrade to the site and the surrounding neighborhood. The three-story project is architecturally harmonious with the surrounding environment in that it is designed with beach cottage and California Craftsman architectural influences. Simple hip roof forms with exposed rafters and knee braces provide visual interest. Building materials include stucco, gray shingles and white vertical board and batt siding. Stone veneer entry walls, wood railings, and door and window trim enhances the project’s architecture. Composite asphalt shingles cover the roofs with copper standing seam accent roofs mixed in to add variety and visual interest. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. PC RESO NO. 7256 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city’s General Plan, based on the facts set forth in the staff report dated August 2, 2017, including, but not limited to the following: a. Land Use & Community Design – The eight-unit multi-family residential project density of 23.5 dwelling units per acre is within the R-30 Residential density range of 23-30 du/ac and below the GMCP (25 du/ac). The project will deposit one dwelling unit into the city’s Excess Dwelling Unit Bank. Therefore, the project is consistent with the project site’s Residential Density – Multiple (RD-M) zoning and the General Plan Land Use Designation of R-30 Residential. b. Mobility – The proposed project has been designed to meet all of the circulation requirements, which include a single driveway access point from Tyler Street. In addition, the applicant will be required to pay traffic impact fees prior to issuance of building permits that will go toward future road improvements. The proposed project will construct a sidewalk along Tyler Street and will provide pedestrian access to and from the project. c. Noise – The project consists of two, four-unit condominium buildings (eight units). A noise study by Ldn Consulting, Inc., dated April 3, 2017 was provided. The windows of each unit will need to be closed to meet a 45 dB(a) CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the project is conditioned to comply with the construction requirements of the aforementioned noise study. d. Housing – The city’s Housing Policy Team reviewed the proposed project and recommended the applicant purchase one inclusionary housing credit in the Tavarua Affordable Housing Project to fulfill the project’s affordable housing requirement. The developer has shown that constructing one affordable housing unit on-site would not be financially feasible since it would require the market rate units to be offered for sale well above the prevailing market prices. In addition, the eight-unit project is the minimum number of units required for the R-30 Residential designated site and the project has already maximized the space in which to build the eight units. The project has been conditioned to require the approval of an Affordable Housing Agreement prior to recordation of the final map. e. Public Safety – The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements including fire sprinklers. Further, the project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. 16. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 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; 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. PC RESO NO. 7256 -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 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 17. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 18. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development Projects, of the state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines. 19. 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 grading permit, building permit, or recordation of the Final Tract Map, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Tentative Tract Map and Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RESO NO. 7256 -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 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Tentative Tract Map and Planned Development Permit, (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 6. 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/Site Plan, 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. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #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 1, 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, building permit, or recordation of the Final Tract Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Planned Development Permit, by Resolution(s) No. 7256 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 PC RESO NO. 7256 -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 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 plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final tract 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, the 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 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 PC RESO NO. 7256 -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 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. Balconies, trellis, and decks – The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit __________. 16. This project is being approved as a condominium permit for residential ownership purposes. If any of the residential 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. Should the City Council adopt an ordinance that would permit rental of the units for less than 31 days, this condition shall be null and void. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the city-approved documents and exhibits. 18. All roof appurtenances, 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 Director of Community Development and Planning. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. PC RESO NO. 7256 -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 21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 22. 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. 23. 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. 24. Prior to approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the city to purchase one (1) inclusionary housing credit within the Tavarua Affordable Housing Project if available at time of building permit issuance or an alternative solution will need to be authorized subject to City Council approval. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 25. Prior to issuance of the building permit, verification shall be submitted confirming that the buildings have been designed to comply with the recommendations of the noise study prepared for the project (Ldn Consulting, Inc., dated April 3, 2017). Engineering: General 26. 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. 27. 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. 28. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private driveway, utilities, landscaping, lighting, enhanced paving, and water quality treatment measures and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 29. Developer shall include rain gutters on the building plans subject to the City Engineer’s review and approval. Developer shall install rain gutters in accordance with said plans. 30. 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. PC RESO NO. 7256 -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 31. 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 32. 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. 33. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 34. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 35. 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 as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 36. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City Engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 37. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 38. Developer shall complete and submit to the City Engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 39. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, PC RESO NO. 7256 -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 source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the City Engineer. Dedications/Improvements 40. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & public utility purposes as shown on the tentative map. 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. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. 41. 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. 42. Developer shall design all proposed public improvements including but not limited to driveway approach, water services, sewer lateral and sidewalk as shown on the tentative map. These improvements shall be shown on one of the following, subject to City Engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 43. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 44. The developer shall either provide proof that the SDG&E easement as identified on the tentative tract map and recorded per instrument number 1969-2381 dated January 6, 1969, has been quitclaimed or developer shall obtain written permission from SDG&E to encroach into said easement, all to the satisfaction of the City Engineer. Non-Mapping Notes 45. Add the following notes to the final map as non-mapping data: a. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. b. Geotechnical Caution: 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 PC RESO NO. 7256 -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 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. c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. e. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Utilities 46. 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. 47. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 48. 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: 49. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 50. 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. 51. 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 tentative map are for planning purposes only. PC RESO NO. 7256 -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 52. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 53. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final tract map as required by Chapter 20.44 of the Carlsbad Municipal Code. 54. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 55. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 56. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 57. 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. 58. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final 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.