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HomeMy WebLinkAbout2018-09-05; Planning Commission; Resolution 7308PLANNING COMMISSION RESOLUTION NO. 7308 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR THE GRADING AND SUBDIVISION OF A 2.0-ACRE PROPERTY AT 1534 MAGNOLIA AVENUE INTO SEVEN (7) SINGLE-FAMILY LOTS AND ONE (1) DETENTION BASIN LOT WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MAGNOLIA-BRADY CASE NO.: CT 2018-0003 (DEV 2018-0010) ATTACHMENT 1 WHEREAS, Magnolia A3, LLC, "Applicant" and "Owner," has filed a verified application with the City of Carlsbad regarding properties described as: Portions Tract 245 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1681, filed in the Office of the San Diego Recorder on December 9, 1915 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" -"F", dated September 5, 2018, on file in the Planning Division, CT 2018-0003 -MAGNOLIA- BRADY, as provided by Title 20 and Chapter 21.10 of Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 5, 2018, 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 all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES CT 2018-0003 -MAGNOLIA-BRADY based on the following findings and subject to the following conditions: Findings: Tentative Tract Map, CT 2018-0003 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 tentative tract map for seven single- family lots and one common lot for the detention basin implements the goals and policies of the General Plan as discussed in the staff report and the findings below; the project is consistent with all minimum requirements of Title 20; and the project has been designed to comply with other applicable regulations, including the Growth Management Ordinance and the R-4 General Plan Land Use designation. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties to the north and west are developed with single-family homes on lots ranging in size from 8,760 to 16,117 square feet. The proposed lots range in size from 8,999 to 10,729 square feet. The properties to the south and east are developed with schools. The proposal to subdivide two (2) single-family lots into seven single-family lots and one common lot is therefore compatible with the adjacent land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the lots are oriented to allow for solar exposure and take advantage of prevailing breezes. 7. That the Planning Commission has considered, in connection with the housing which will be developed as a result of the proposed 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 proposed seven-unit single-family residential subdivision is conditioned to provide one accessory dwelling unit on-site to comply with the lnclusionary Housing Ordinance. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project applicant is required to pay in-lieu mitigation fees for the removal of 1.05 acres of disturbed habitat (1:1 ratio). PC RESO NO. 7308 -2- 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 incorporates a detention basin on Lot 8, in accordance with the Best Management Practices for water quality protection. Further, in accordance with the city's sewer and drainage standards, the project is conditioned to comply with the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP). General 10. 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 September 5, 2018 including, but not limited to the following: a. Land Use -The General Plan Land Use designation for the project site is R-4, Residential, 0-4 dwelling units per acre with a GMCP of 3.2 du/acre. The project site has a net developable acreage of 1.74 acres. The project's proposed density, 4 dwelling units per acre, is at the top of the density range and therefore, also above the R-4 GMCP of 3.2 du/ac, which is utilized for the purposes of calculating the city's compliance with Government Code Section 65863. At the GMCP, six dwelling units would be permitted on the 1.74-acre (net) property. Although the proposal to construct seven dwelling units exceeds the GMCP for the R-4 General Plan Land Use designation by 1 dwelling unit, Policy 2-P.8 of the Land Use and Community Design Element allows the city to approve residential development at a density that exceeds the GMCP for the applicable density range, provided the proposed residential development meets the following findings: 1) the project qualifies for an allocation of "excess" dwelling units pursuant to City Council Policy No. 43 (please see Finding Nos. 12-15 below); 2) there have been sufficient developments in the northwest quadrant that have developed at densities below the GMCP to support an allocation of 1 dwelling unit from the Excess Dwelling Unit Bank and pursuant to the city's Quadrant Dwelling Unit Report (June 2018), 413 excess dwelling units remain available for allocation in the city (outside of the Village) and the northwest quadrant has a remaining capacity to accept 133 dwelling units; and 3) all necessary public facilities required by the city's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted city standards in that the project is conditioned to pay the appropriate fees to comply with the city's Growth Management Program. b. Housing -The project is consistent with the Housing Element of the General Plan and the lnclusionary Housing Ordinance in that the developer has been conditioned to enter into an Affordable Housing Agreement to construct one accessory dwelling unit on-site. c. Mobility-The proposed project has been designed to meet all the circulation and mobility requirements, which includes frontage improvements along Magnolia Avenue. The circulation system has been designed in conformance with Land Development Engineering Division and Fire Department design standards and complies with all other applicable city design standards. PC RESO NO. 7308 -3- d. Noise -Pursuant to the Noise Guidelines Manual, the proposed project is in an area which is "normally acceptable"; therefore, a noise analysis was not completed. With exception to the home proposed on Lot 7, all the homes will be shielded from traffic-generated noise along Magnolia Avenue. e. Public Safety -In the event of an emergency, an existing fire hydrant on the west side of Brady Circle, opposite Lots 5 and 6, will supply water to the site. f. Sustainability-Based on the project type and size (seven single-family lots), the project is consistent with the city's Climate Action Plan (CAP) in that the project is well below the screening threshold of 900 MT CO2e that would typically be generated by 50 single-family dwelling units and is therefore not subject to the CAP measures. 11. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project will ultimately generate a total of 70 Average Daily Trips (ADTs) for the future single-family homes. The proposed project would not result in any significant capacity-related impacts to any road segments or intersections near the project site. City Council Policy No. 43, Allocation for Excess Dwelling Units 12. That pursuant to CMC Chapter 21.85, a minimum of 15 percent of all proposed ownership units in any residential project are required to be restricted to lower income households. The proposal to subdivide two lots into seven single-family residential lots requires the construction of one inclusionary housing unit. The project satisfies this requirement with the proposal to construct one accessory dwelling unit onsite. The city's Housing Policy Team recommended approval of the request on June 7, 2018. An Affordable Housing Agreement will be recorded prior to recordation of the final map. 13. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the proposed lot sizes, ranging from 8,999 to 10,729 square feet, are compatible in size with the surrounding single-family residential lots which range in area from 8,760 to 16,117 square feet. 14. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the project's proposed density, four dwelling units per acre, is at the top of the density range and therefore, also above the R-4 GMCP of 3.2 du/ac, which is utilized for the purposes of calculating the city's compliance with Government Code Section 65863. At the GMCP, six (6) dwelling units would be permitted on this 1.74-acre (net developable) property. Although the project exceeds the GMCP for the R-4 General Plan Land Use designation by one dwelling unit, Policy 2-P.8 of the Land Use and Community Design Element allows the city to approve residential development at a density that exceeds the GMCP for the applicable density range. The proposal to create seven single-family lots ranging in size from 8,999 to 10,729 square feet in the R-1 zone is consistent with the Zoning Ordinance and General Plan. 15. That there are an adequate number of units in the Excess Dwelling Unit Bank in the city to withdraw one unit. Per the city's Quadrant Dwelling Unit Report (June 2018), 413 excess dwelling units remain available for allocation in the city (outside of the Village). In addition, the Northwest Quadrant can accept 133 dwelling units before reaching the_ Growth Management . quadrant capacity. PC RESO NO. 7308 -4- 16. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the city's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the city is essential to fund implementation of the city's Habitat Management Plan. 17. 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 preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project, including historical resources. Specifically, the existing home and detached garage, which are estimated to be 77 years old and are proposed to be demolished, are not identified on a local register of historical resources and do not meet the criteria for listing on the California Register of Historiqil Resources. 18. 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. 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. 19. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 20. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 21. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. PC RESO NO. 7308 -5- 22. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 23. 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 or building permit, or recordation of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Tentative Tract Map (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 Tract Map, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final PC RESO NO. 7308 -6- 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 tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 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. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13. The first submittal of the Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 14. 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 the Community and Economic Department. 15. Prior to the recordation of the Final 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, by Resolution No. 7308 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. PC RESO NO. 7308 -7- 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 city within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ _, Section _____ the city shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ___ of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ___ _ PC RESO NO. 7308 -8- 17. This project is being approved for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this requirement. 18. Prior to the approval of the final map for any phase of this project, the Developer shall enter into an Affordable Housing Agreement with the City to provide one onsite affordable accessory dwelling unit, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. 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 specify the lot number and shall be binding on all future owners and successors in interest. 19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 20. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 21. This project has been found to result in impacts to wildlife habitat or other lands, specifically, 1.05 acres of disturbed habitat {Habitat Group E) which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and all approvals for this project shall become null and void. 22. The design of the future homes shall comply with City Council Policy No. 44, Neighborhood Architectural Design Guidelines, and City Council Policy No. 66, Livable Neighborhoods, to the satisfaction of the City Planner. 23. Excluding the north {side) property line of Lot 1, a vinyl privacy fence with a maximum height of six (6) feet shall be constructed along the side and rear property lines of Lots 1-3 and the side property lines of Lots 4-7. A tubular steel fence up to six (6) feet in height shall be constructed along the rear property lines of Lots 4-7 to allow for adequate drainage into the detention basin. The fencing shall be installed prior to occupancy clearance, to the satisfaction of the City Planner. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a parcel map, grading permit or building permit, whichever comes first. General 24. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. PC RESO NO. 7308 -9- 25. 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. 26. 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 utilities, street trees, landscaping, water quality treatment measures, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The CC&R's shall include a requirement to provide an annual verification of the effective operation and maintenance of each structural treatment control BMP in accordance with the BMP maintenance agreement and the SWQMP. The annual verification shall be submitted to the enforcement official in a format as approved by the city prior to the start of the rainy season. 27. 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. 28. 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. 29. Prior to approval of the final map and grading permit, all structures shall be removed through a demolition permit issued by the Building Division, to the satisfaction of the City Engineer and City Planner. Fees/ Agreements 30. 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. 31. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 32. Developer shall cause property owner to submit an executed copy to the City Engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 33. If final construction plans are revised to include tree wells in the right-of-way for the purposes of stormwater treatment, developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private tree wells located over existing public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. 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 PC RESO NO. 7308 -10- 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 a building permit for each lot, 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 map all subject to City Engineer approval. 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. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 40. 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, pollutant control BMP and applicable hydromodification measures. - 41. Developer at final design shall include mitigation to prevent migration from water adhesion to storm drain pipe crossing biofiltration with partial retention basin. Dedications/Improvements 42. Developer shall cause owner to submit to the City Engineer for recordation a covenant of easement for private drainage purposes as shown on the tentative map. The offer shall be recorded on the final map. Developer shall pay processing fees per the city's latest fee schedule. 43. Developer shall cause owner to dedicate to the city and/or other appropriate entities for public street and 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. 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. PC RESO NO. 7308 -11- 44. 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. 45. Developer shall design all proposed public improvements including but not limited to sewer laterals, pedestrian ramp, driveways, curb and gutter, sidewalk, water services/meters, full street AC overlay on Brady Circle along project frontage, and curb drains 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. Non-Mapping Notes 46. 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 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. PC RESO NO. 7308 -12- 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. 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: 49. 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. SO. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 51. 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. 52. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 53. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 54. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 55. 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. 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04. The Request for Addressing (Form B-42) shall be submitted to the Building Division prior to issuance of building permits. 57. 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. 7308 -13- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on September 5, 2018, by the following vote, to wit: AYES: Commissioners Anderson, Geidner, Luna, Meenes and Segall NOES: None ABSENT: Chairperson Montgomery VELYN ANDERSON, Vice Chair CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 7308 -14-