Loading...
HomeMy WebLinkAbout2020-10-07; Planning Commission; Resolution 7386PLANNING COMMISSION RESOLUTION NO. 7386 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT, SPECIAL USE PERMIT, HABITAT MANAGEMENT PLAN PERMIT AND MINOR SUBDIVISION TO IMPLEMENT HABITAT MITIGATION ASSOCIATED WITH THE DEVELOPMENT OF COLLEGE BOULEVARD REACH "A" ON TWO PARCELS (APN 209-060-71, 72) TOTALING 17.44 ACRES {16.43 NET ACRES) LOCATED NORTH OF THE INTERSECTION OF COLLEGE BOULEVARD AND SUNNY CREEK ROAD AND SOUTH OF THE INTERSECTION OF CANNON ROAD AND COLLEGE BOULEVARD, WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: COLLEGE BOULEVARD MITIGATION CASE NO.: HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001 (DEV14031) WHEREAS, WP Golf & Equestrian LLC, "Owner/Applicant," has filed a verified application with the City of Carlsbad regarding property described as Northern Parcel, APN 209-060-71 That portion of Lot 'B' of Rancho Agua Hedionda in the County of San Diego, State of California, according to the map thereof, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Said parcel being described as Parcel A of Certificate of Compliance recorded March 27, 2007 as instrument No. 2007-0205890 of official records. Southern Parcel, APN 209-060-72 That portion of Lot 'B' of Rancho Agua Hedionda in the County of San Diego, State of California, according to the map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896. Said parcel being described as Parcel D of Certificate of Compliance recorded September 13, 2007 as instrument No. 2007-0603110 of official records. ("the Property"); and WHEREAS, said verified application constitutes a request for a Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision as shown on Exhibits "A" -"G", dated October 7, 2020, on file in the Planning Division, COLLEGE BOULEVARD MITIGATION-HDP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001, as provided by Chapters 21.95, 21.110, 21.210 and Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 7, 2020, 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 Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision. 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 hearing, the Commission APPROVES the Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision, HOP 2020-0001/SUP 2020-0002/HMP 2020-0004/MS 2020-0001, for COLLEGE BOULEVARD MITIGATION based on the following findings and subject to the following conditions: Findings: Hillside Development Permit, HOP 2020-0001 1. That hillside conditions and undevelopable areas of the site have been properly identified on the constraints map, including the existing floodway, sensitive habitat, existing and proposed topographical contours and slope gradients. 2. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that the grading proposed in conjunction with the project will implement the goals and objectives of the land use and open space/conservation elements of the General Plan since permanent open space will be created as part of the habitat mitigation project. Specifically, 8.81 acres (net) of sensitive upland, riparian and wetland habitat will be created adjacent to Agua Hedionda Creek and will be protected through the designation of an open space lot and long-term preservation via a biological conservation easement on Parcel C. The proposed habitat mitigation project satisfies the biological resource mitigation measures for the development of College Boulevard Reach "A", which is an extension of a major arterial road. The habitat mitigation project would create manufactured slopes at varied gradients (i.e., minimum slope inclination of 2:1) up to 40 feet in height and 200 feet in length. The manufactured slopes would be contoured to blend in with the surrounding area and would be landscaped consistent with the City's Landscape Manual and Habitat Management Plan to appear natural and aesthetically pleasing. In addition, the proposed quantity of grading, 7,595 cubic yards of grading per acre, falls within the "acceptable" range. PC RESO NO. 7386 -2- 3. That the alteration of natural hillsides will be done in an environmentally sensitive manner whereby lagoons and riparian ecosystems will be protected from increased erosion and no substantial impacts to natural resource areas, wildlife habitats or native vegetation will occur in that the proposed habitat mitigation project will ultimately enhance the natural resources and improve the wildlife corridor adjacent to Agua Hedionda Creek. 4. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the manufactured slopes will have varying gradients, will be contour-graded, and will be landscaped pursuant to the City's Landscape Manual and Habitat Management Plan. The combined effect will soften the appearance of the graded slopes. No development beyond the grading for the habitat mitigation is proposed in conjunction with the project. Special Use Permit, SUP 2020-0002 5. The site is reasonably safe from flooding in that pursuant to the Hydraulic Analysis prepared for the project (Lyle Engineering, Inc., October , 2014), the grading associated with the proposed habitat mitigation project will increase the flow conveyance volume in the floodplain areas and significantly reduce the 100-year starting water surface elevation (WSE). This reduction will occur west of the bridge over Agua Hedionda Creek; the bridge will be constructed as a part of the College Boulevard Extension (Reach A, EIR 98-02). In addition, as a result of the grading for the habitat mitigation, which includes widening the channel on Parcel C, Parcels A and D will be located outside of the floodplain. Further, results of the Hydraulic Analysis indicate that flow velocities post project will be lower or equal to pre-project conditions within the proposed narrowing of the low-flow channel. Flow velocities will be significantly reduced because of the shallower depths spread across the channel bottom. Therefore, the site will be reasonably safe from flooding. 6. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that no habitable structures are proposed in conjunction with the habitat mitigation project. 7. The proposed project does not create a hazard for adjacent, or upstream/downstream properties or structures in that the grading associated with the proposed habitat mitigation project will increase the flow conveyance volume in the floodplain areas and significantly reduce the 100- year starting water surface elevation (WSE). This reduction will occur west of the bridge over Agua Hedionda Creek; the bridge will be constructed as a part of the College Boulevard Extension (Reach A, EIR 98-02). In addition, as a result of the grading for the habitat mitigation, which includes widening the channel on Parcel C, Parcels A and D will be located outside of the floodplain. Further, results of the Hydraulic Analysis indicate that flow velocities post project will be lower or equal to pre-project conditions within the proposed narrowing of the low-flow channel. Flow velocities will be significantly reduced because of the st,allower depths spread across the channel bottom. 8. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that the grading associated with the proposed habitat mitigation project will increase the flow conveyance volume in the floodplain areas and significantly reduce the 100- year starting water surface elevation (WSE). PC RESO NO. 7386 -3- 9. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that pursuant to the Hydraulic Analysis prepared for the project (Lyle Engineering, Inc., October 2014), the grading associated with the proposed habitat mitigation project will increase the flow conveyance volume in the floodplain areas and significantly reduce the 100-year starting water surface elevation {WSE). Habitat Management Plan Permit, HMP 2020-0004 10. That APNs 209-060-71 and 209-060-72 (proposed Parcels A-D), of the College Boulevard Mitigation project are shown in Figure 28 of the approved HMP as a "Proposed Standards Area". 11. That proposed Parcels and A and D will remain as a "Proposed Standards Areas," Parcel B will be removed from the "Proposed Standards Area" and Parcel C will be converted to a HMP "Hardline Area" to allow for the long-term preservation of sensitive upland, riparian and wetland habitat. 12. That authorization to impact sensitive habitats through the removal of 0.03 acres of Non-Native Grassland (Habitat Group E) and 6.32 acres of Agricultural/Eucalyptus Woodland/Disturbed habitat {Habitat Group F) on Parcel C is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 13. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program for COLLEGE BOULEVARD MITIGATION-GPA 14-02/ZC 14-01/HDP 14- 04/SUP 14-03/HMP 14-02/MS 14-10, and is subject to all conditions contained in Planning Commission Resolutions No. 7102 {Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program) for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 14. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 15. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the College Boulevard Mitigation project. 16. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, 0.03 acres of Non-Native Grassland {Habitat Group E) and 6.32 acres of Agricultural/Eucalyptus Woodland/Disturbed habitat {Habitat Group F) on Parcel C will be removed and mitigated through the payment of an in-lieu mitigation fee as required pursuant to the HMP. In addition, PC RESO NO. 7386 -4- mitigation measures have been included which prevent negative effects on the adjacent sensitive habitat, including erosion control; landscaping; fencing, signage, and lighting; and predator and exotic species control. 17. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 18. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 19. That the City Planner is authorized to sign the Take Permit. 20. 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. 21. That the HMP Consistency Findings for Zone 15 can be met pursuant to the analysis included in the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program for COLLEGE BOULEVARD MITIGATION-GPA 14-02/ZC 14-01/HDP 14-04/SUP 14-03/HMP 14-02/MS 14-10, (attached to Planning Commission Resolution No. 7102) and pursuant to Wildlife Agency concurrence received on May 8, 2015, incorporated herein by reference. Minor Subdivision, MS 2020-0001 22. That the proposed subdivision, together with the provisions for its 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 tentative parcel map creates four (4) parcels, three {3) of which {Parcels A-C) are General Plan-designated and zoned Open Space. No development is proposed on Parcel D at this time. 23. That the proposed project is compatible with the surrounding future land uses since permanent open space is a desired land use, particularly natural open space, as is proposed in conjunction with the habitat mitigation adjacent to Agua Hedionda Creek on Parcel C. PC RESO NO. 7386 -5-.· 24. That the site is physically suitable for the type and density of the development in that no development beyond the habitat mitigation on Parcel C is proposed. Parcels A, B, and C are designated as Open Space in the General Plan and the Zoning Code, which will preclude any residential development in the future. Parcel D will continue to be designated Residential 0-4 du/ac (R-4) and zoned One-Family Residential (R-1); no development is proposed on Parcel D at this time. 25. 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 there are no easements of record or easements established by court judgment for access through or use of property within the property. 26 . That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 27. That the design of the subdivision provides, to the extent feasible, for future passive or riatural heating or cooling opportunities in the subdivision, in that in that no structures are proposed in conjunction with the habitat mitigation project. 28. 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 habitat mitigation project includes the creation of sensitive upland, riparian and wetland habitat adjacent to Agua Hedionda Creek. Ultimately, the overall value of the sensitive habitat adjacent to the creek, as well as the wildlife corridor, will be superior to what currently exists on-site. 29. 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 subdivision of the property into four (4) parcels and the implementation of habitat mitigation on Parcel C will improve the drainage pattern through the addition of wetland habitat adjacent to Agua Hedionda Creek. In addition, the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the city's drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. California Environmental Quality Act: 30. The Planning Commission of the City of Carlsbad does hereby find: a. the project is a project for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were previously adopted (City Council Resolution No. 2015-207 and Planning Commission Resolution No. 7102); b. this project is consistent with the project cited above; c. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were adopted in connection with the prior project; PC RESO NO. 7386 -6- General d. the project has no new significant environmental effect not analyzed as significant in the prior Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; e. none of the circumstances requiring further environmental compliance under CEQA Guidelines Sections 15162 exist; and f. the Planning Commission finds that all feasible mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, which are appropriate to this Subsequent Project, have been incorporated into this Subsequent Project. 31. 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 October 7, 2020, including but not limited to the following: a. Land Use-in that the proposed habitat mitigation project creates and permanently preserves 8.81 acres (Parcel C) of sensitive wetland, riparian and upland habitat adjacent to Agua Hedionda Creek. Proposed Parcel C will be permanently preserved as open space through a biological conservation easement. In addition, consistent with the requirements of the Habitat Management Plan {HMP}, the area will be converted from a Proposed Standards to a Hardline Area. Proposed Parcels A-Care currently designated as Open Space in the General Plan and Zoning Code. Parcel A will be used as a garden area and Parcel B will developed with a bio-retention basin. b. Open Space -in that the proposed habitat mitigation project entails the creation of sensitive wetland, riparian and upland habitat adjacent to Agua Hedionda Creek which will be permanently preserved. The mitigation project will enhance the overall biological value of the area adjacent to the creek and will assist with maintaining a functional wildlife corridor and habitat linkage along Agua Hedionda Creek. 32. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zones 15 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 Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. b. The Local Facilities Management fee for Zone 15 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 33. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). PC RESO NO. 7386 -7- 34. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the grading permit. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision 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 prov1s1ons 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 shall implement, or cause the implementation of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, GPA 14-02/ZC 14-01/HDP 14-04/HMP 14-02/MS 14-10, pursuant to Planning Commission Resolution No. 7102. 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 Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use PC RESO NO. 7386 -8- 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. Developer shall include, as part of the plans submitted for any permit plancheck, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including any applicable Coastal Commission approvals). 8. This project shall comply with all conditions apd mitigation measures which are required as part of the Zone 15 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 grading plans. 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 15, 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 Plan and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13. The first submittal of Final Landscape arid Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's grading plans. 14. Prior to issuance of the Grading Permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Hillside Development Permit, Special Use Permit, Habitat Management Plan Permit and Minor Subdivision by Resolution No. 7386 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 PC RESO NO. 7386 -9- City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 15. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, Section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in acco rdance with the City's adopted Habitat Management Plan. 16. Prior to issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take the following actions to the satisfaction ofthe City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the City's Habitat Management Plan : a. Select a conservation entity, subject to approval by the City, that possesses qualifications to manage the open space lot(s) for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the City for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the City's Open Space Management Plan . c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. d. Record a Conservation Easement over the open space lot(s). e. Prepare a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 17. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non~native grassland, and disturbed lands, 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 following fees prior to recordation of a final map or issuance of a grading permit, whichever occurs first. Habitat Group E: Non-native grassland, 0.03 acres Habitat Group F: Agricultural Lands, 0.37 acres Eucalyptus Woodland, 0.67 acres PC RESO NO. 7386 -10- Disturbed Lands, 5.28 acres 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 any and all approvals for this project shall become null and void . Engineering: NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, or recordation of parcel map, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. General 18. 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. 19. Developer shall prepare, submit and process for city engineer approval a Parcel Map to subdivide this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 20. 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. 21. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 22. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city stand;:ird Permanent · Stormwater Quality Best Management Practice Maintenance Agreement. 23. Prior to the future development of Parcel D, this parcel shall be annexed into the City of Carlsbad Street Lighting and Landscaping District (SL&LD) No. 1 or 2, to the satisfaction of the city's Finance Director. The developer of Parcel D shall pay all fees necessary to annex the property into the SL&LD. A note to this effect shall be included on the non-mapping sheet of the parcel map. Grading 24. 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. PC RESO NO. 7386 -11- 25. Prior to issuance of a Grading Permit, Developer shall apply for and receive approval of a Conditional Letter of Map Revision {CLOMR) from the Federal Emergency Management Agency (FEMA) related to the proposed grading within the existing regulatory floodplain. Proof of CLOMR approval shall be provided to the satisfaction of the city engineer. 26. Upon completion of grading associated with this project, Developer shall submit, process and receive approval of a Letter of Map Revision {LOMR) to document, with FEMA, the work has been accomplished. Proof of LOMR approval shall be provided to the satisfaction of the city engineer. 27. Prior to approval of the Parcel Map, in accordance with Local Facilities Management Plan Zone 15 requirements, Developer shall provide evidence that the design and security has been posted for detention basin 'BJ' just east of the intersection of College Boulevard and Cannon Road all to the satisfaction of the city engineer. 28. Prior to approval of the Parcel Map, Developer shall provide evidence that the relocation site of the existing Rancho Carlsbad RV storage/garden site for the adjacent property owner of APN 168-050-43 (Rancho Carlsbad Partners) has been provided for as described in EIR 98-02. Developer shall provide evidence that a secured agreement is provided to the city guaranteeing rough grading and drainage improvements of the RV storage/garden site in a form acceptable to the city engineer and city attorney. 29. Prior to approval of the Parcel Map or construction of Basin BJ, whichever comes first, Developer shall provide evidence that the Rancho Carlsbad RV storage/garden replacement site improvements have been constructed as required per EIR 98-02 and RMHP 96-0l{D), to the satisfaction of the city planner and the city engineer. 30. This project requires off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued . In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. Storm Water Quality 31. 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. 32. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP PC RESO NO. 7386 ~12- 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. 33. 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. 34. 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. 35. 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. Dedication/Improvements 36. Prior to approval ofthe Parcel Map, in accordance with Local Facilities Management Plan Zone 15 requirements, Developer shall provide evidence that the design and posting of security of street improvements to College Boulevard approximately 4200-feet from its existing northerly terminus near El Camino Real to the intersection of Cannon Road has been provided to the satisfaction of the city engineer. These improvements shall, at a minimum, consist of 'core' improvements. 'Core' improvements include full-width grading for College Boulevard (major arterial standards), two 18- wide paved lanes (one in each direction), median curb, road drainage crossings and environmental mitigation. The parcel map shall not record without compliance with Zone 15 requirements. 37. Prior to Parcel Map approval, in accordance with Local Facilities Management Plan Zone 15 requirements, Developer shall submit evidence of a financing program, for the design and construction of the 'core' improvements for College Boulevard reach A, executed by all participating property owners, subject_ to review by the city engineer and finance director and approval by City Council. The Parcel Map shall not record without compliance with Zone 15 requirements. 38. Prior to Parcel Map approval, Developer shall provide evidence that a private access and utility easement for Parcel A is provided through the adjacent Dos Colinas development, MS 09-04 as shown on the Tentative Map. If an access and utility easement has not been provided, Developer shall cause owner to submit to the city engineer for recordation an offsite covenant of easement, or other acceptable instrument, for private access and utility purposes to College PC RESO NO. 7386 -13- Boulevard for the benefit of Parcel A as shown on the Tentative Map. Developer shall pay processing fees per the city's latest fee schedule. 39. Prior to Parcel Map approval, Developer shall cause owner to execute a certificate on the parcel or submit to the city engineer for recordation a covenant of easement, or other acceptable instrument, for private access purposes for the benefit of Parcel C as shown on the Tentative Map/Site Plan. Developer shall pay processing fees per the city's latest fee schedule. 40. Prior to Parcel Map approval, Developer shall abandon a portion of abutters rights for ingress and egress relinquished per document no. 2007-0205886 recorded March 27, 2007. ~aid abandonment shall apply to only that portion required to accommodate the proposed access road for the water quality basin on Parcel B and maintenance access for Parcel C as shown on the Tentative Map/Site Plan all to the satisfaction of the city engineer. 41. Prior to Parcel Map approval, if the improvements, as listed below, along this subdivision frontage have not been previously designed and secured through Zone 15 College Boulevard Finance mechanism or other means, Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Minor 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 for MS 09-04. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Complete half-street improvements for College Boulevard (major arterial standards) along the project frontage per city standards. Complete half-street improvements include a 32-ft paved half-street width consisting of two 12-foot lanes and an 8-foot bike lane, curb, gutter, streetlights, fire hydrants, median hardscape, median landscaping, parkway irrigation and parkway irrigation as shown on the tentative parcel map for MS 09-04 incorporated herein. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 42. Developer shall process a construction revision to the record drawing or prepare public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Minor 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/Site Plan . Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Developer shall remove or abandon the public sewer as shown on the Tentative Map to the satisfaction of the city engineer. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. PC RESO NO. 7386 -14- Non-Mapping Notes 43. On the non-mapping sheet, Developer shall depict the proposed limits of 100-year inundation through the subdivision. 44. Add the following notes to the Parcel Map as non-mapping data: a. Developer has executed a city standard Minor Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map/Site Plan. These improvements include, but are not limited to: i. Developer shall remove or abandon the public sewer as shown on the Tentative Map to the satisfaction of the city engineer. 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. 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. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 45. This tentative map shall expire two years from the date on which the Planning Commission voted to approve this application. 46. 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. 47. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. 48. Prior to the issuance of a grading permit, Developer shall pay the Local Facilities Management fee for Zone 15 as required by Carlsbad Municipal Code Section 21.90.050. PC RESO NO. 7386 -15- 49. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 50. 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 grading permit issuance, except as otherwise specifically provided herein. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. PC RESO NO. 7386 -16- 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 October 7, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Merz, Meenes, and Stine NOES: ABSENT: ABSTAIN : VEL YN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7386 ' -17-