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HomeMy WebLinkAbout2003-10-28; City Council; 17359; Bressi Ranch Residential & Affordable HousingAB# 17,359 MTG. 10-28-03 DEPT. PLN &” + DEPT. HD. TITLE: BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) AND AFFORDABLE HOUSING CT 02-14/PUD 02-06KT 03-03/CP 03-03 CITY MGR= .. MP 178(A) CT 02-14 PUD 02-06 CT 03-03 CP 03-03 CUP 02-17 SDP 03-1 1 RECOMMENDED ACTION: That the City Council ADOPT Resolutions No. 2003-284 and 2003-285 , APPROVING Tract Map CT 02-14 and Planned Unit Development PUD 02-06 for Bressi Ranch Residential (Planning Areas 6 through 10 and 12) and Tract Map CT 03-03 and Condominium Permit CP 03-03 for Bressi Ranch Affordable Housing as recommended for adoption and approval by the Planning Commission Approvals Final at Planning Final at Council Commission X X X X X X X ITEM EXPLANATION: MP 178(A) CT 02-14 PUD 02-06 CT n3-m I Proiect Amlications I Ad ministrat ive I Reviewed by and I To be reviewed - [ - -..._.____ion X X X X Lur UL- I r SDP 03-1 1 I I A I X lanning I Final at Council I On September 17, 2003, the Planning Commission conducted a public hearing for two residential projects, a Minor Master Plan Amendment, and two public recreational open space areas located within the Bressi Ranch Master Plan. The review and approval of the Minor Master Plan Amendment and the two public recreation open space areas are final at the Planning Commission level. The first residential project is Bressi Ranch Residential (Planning Areas 6 through 10 and 12), which consists of the subdivision of approximately 131 .O acres into 498 single-family residential lots, 25 open space lots, review of architectural detailing for twenty different floor plans, and individual lot placement for each of the floor plans. The second residential project is Bressi Ranch Affordable Housing, which consists of the subdivision of Planning Area 15 into five smaller parcels and the development plans for parcel number one as 100 “for sale” affordable condominiums. This residential project satisfies the entire Bressi Ranch inclusionary housing ordinance requirement to provide housing for lower income households. The Planning Commission discussed the merits of each application, and voted 7-0 to recommend approval of the projects to the City Council with the addition of five conditions. The applicant agrees to accept all of the conditions imposed by the Planning Commission. A full disclosure of the Planning Commission’s discussion is in the attached minutes. A complete description and staff analysis of the project is in the attached report to the Planning Commission. ENVIRONMENTAL: The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared initial studies for the projects and concluded that no potentially significant impacts would result with the implementation of the projects that were not previously examined and I .. PAGE 2 OF AGENDA BlLL NO. 17 359 evaluated in the certified Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the “Bressi Ranch Master Plan” including analysis of traffic and circulation, water quality and compliance with SB 221 and SB 610 regarding water availability, biological resources, and land use and associated actions inclusive of the proposed planning area projects reviewed here. The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 “Findings of Fact and Statement of Overriding Considerations” for cumulative air quality applies to all subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the previously certified program EIR, as they are a part of the program analyzed earlier. The total number of Master Plan units evaluated in EIR 98-04 will not be increased. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. FISCAL IMPACT: A fiscal impact analysis was prepared by Douglas Ford and Associates for the Bressi Ranch Master Plan. In summary, the analysis concluded that at buildout, General Fund expenditures for public services for the entire Bressi Ranch project, including future commercial and industrial development, are anticipated to exceed revenues from the project by approximately $75,000.00 per year. The largest expenditures were expected to be for police and fire services. Examples of expenditures in the analysis estimated a negative impact of $86,400.00 a year to provide services for the 100 “affordable” condominiums, which equals $864.00 per unit per year. The analysis estimated a negative impact of $87,600.00 a year to provide services to the 498 market rate single family homes, which equals $168.00 per unit per year. Estimated commercial and industrial revenues reduce the combined expenditures for the master plan to approximately $75,000 per year. EXHIBITS: 1. City Council Resolution No. 2003-284 2. City Council Resolution No. 2003-285 3. Location Map 4. 5. 6. Planning Commission Resolutions No. 5461,5463, 5464, and 5465 as amended Planning Commission Staff Report, dated September 17,2003 Draft Excerpts of Planning Commission Minutes, dated September 17, 2003. DEPARTMENT CONTACT: Christer Westman, (760) 602-4614, cwest@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT FOR BRESSI RANCH RESIDENTIAL TO SUBDIVIDE 131 ACRES INTO 498 SINGLE-FAMILY LOTS AND 25 OPEN SPACE LOTS, APPROVE TWENTY SINGLE-FAMILY RESIDENTIAL FLOOR PLANS AND ARCHITECTURAL ELEVATIONS, AND APPROVE THE FLOOR PLAN PLACEMENT ON INDIVIDUAL RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH RESIDENTIAL CASE NO.: CT 02-14/PUD 02-06 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on September 17, 2003, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map and Planned Unit Development; and WHEREAS, the City Council of the City of Carlsbad, on the 28'h day of October, 2003, held a duly noticed public hearing to consider the Tentative Tract Map and Planned Unit Development, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 02-14/PUD 02-06; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 02-14 and Planned Unit Development PUD 02-06 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5461 and 5464, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council, except as follows: Developer shall post notices on properties owned and controlled by him at key locations throughout the Bressi Ranch Master Plan to the satisfaction of the Planning Director disclosing that the site will be developed in the future as non-residential uses including a commercial center, industrial buildings, community facilities and schools. Developer shall use all reasonable efforts to obtain permission to post such same notices on properties within the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( boundaries of the Bressi Ranch Master Plan area not under his immediate ownership and control. Developer shall provide alley lighting in Planning Areas 7 and 8 to the satisfaction, upon consultation with the Police Chief, of the Planning Director. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.“ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 28* day of October, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR BRESSI RANCH AFFORDABLE HOUSING TO SUBDIVIDE 26.53 ACRES INTO 5 LOTS, APPROVE FLOOR PLANS AND ARCHITECTURAL ELEVATIONS FOR 10 CONDOMINIUM BUILDINGS EACH CONTAINING 10 RESIDENTIAL CONDOMINIUM UNITS, AND APPROVE A PROJECT SITE PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH AFFORDABLE HOUSING CASE NO.: CT 03-03/CP 03-03 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on September 17, 2003, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map and Condominium Permit; and WHEREAS, the City Council of the City of Carlsbad, on the 28'h day of October 2003, held a duly noticed public hearing to consider the Tentative Tract Map and Condominium Permit, and at the time received recommendations, objections, protests, comments of all persons interested in or opposed to CT 03-03KP 03-03; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 03-03 and Condominium Permit CP 03-03 is approved by the City Council and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5463 and 5465, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council, except as follows: Developer shall post notices on properties owned and controlled by him at key locations throughout the Bressi Ranch Master Plan to the satisfaction of the Planning Director disclosing that the site will be developed in the future as non-residential uses including a commercial center, industrial buildings, community facilities and schools. Developer shall use all reasonable efforts to obtain permission to post such same notices on properties within the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 boundaries of the Bressi Ranch Master Plan area not under his immediate ownership and control. Developer shall provide notice in the CC&R’s disclosing the fact that Homeowner’s Association fees are established and enforced by the Homeowner’s Association Board of Directors and shall in all likelihood increase over time. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: “NOTICE TO APPLICANT The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 28‘h day of October, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. ATTEST: ,/ -2- EXHIBIT 3 I I YA SITE BRESSI RANCH RESIDENTIAL CT 02-1 4/PUD O2=06/CT 03-03/CP 03-03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5461 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE 131.0 ACRES INTO 523 LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 APPROVAL OF CARLSBAD TRACT NUMBER CT 02-14 TO AND 12) CASE NO.: CT 02- 14 WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Lots 6,7,8,9,10,12, and 16 of Carlsbad Tract No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14600 filed in the office of the County Recorder of San Diego County May 29,2003 . (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “R1 - 12” dated September 17, 2003, on file in the Planning Department BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) - CT 02-14, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on th,e 17th day of September 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) - CT 02-14, based on the following findings and subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lots being created satisfy all minimum requirements of Title 20 governing lot sizes and configuration and have been designed to comply with all other applicable regulations including the Bressi Ranch Master Plan (MP 178). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential, commercial and industrial development on the General Plan and in the Bressi Ranch Master Plan and in that the neighborhoods of Bressi Ranch have been designed per the land use distribution shown in the Bressi Ranch Master Plan where each neighborhood compliments the next. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by the applicable City regulations including the Bressi Ranch Master Plan. 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 prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed development will consist of single-family residences with reasonable separation to allow adequate air circulation within and surrounding any future residential units as well as orienting the homes in various directions which provides benefit relative to the path of the sun and tree planting to provide shade. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs PC RES0 NO. 5461 -2- Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. against the public service needs of the City and available fiscal and environmental resources. 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 proposed development is located outside of the hard line preserve area identified in the Habitat Management Plan approved for the property. The project area is a designated development area in the Bressi Ranch Master Plan, which was evaluated in the Final Program EIR 98-04. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [15168(c)(2) and (e)]; b. this project is consistent with the Master Plan cited above; c. EIR 98-04 was certified in connection with the prior Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and f. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and Bressi Ranch Master Plan based on the facts set forth in the staff report dated September 17,2003 including, but not limited to the following: a. Land Use - The project is consistent with the City’s General Plan since the proposed density is within the density range of 0-4, 4-8 and 8-15 du/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2,6, and 11.5 du/acre as well as PC RES0 NO. 5461 -3- /D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. C. d. e. not exceeding the number of units permitted by the Bressi Ranch Master Plan. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Bressi Ranch Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Bressi Ranch Master Plan. The Bressi Ranch Condominiums Affordable Project will satisfy the inclusionary housing requirement for this project. Open Space and Conservation - The Open Space Preserve Areas are identified in the City’s Habitat Management Plan, certified EIR 98-04, and Bressi Ranch Master Plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the Bressi Ranch Master Plan. Public Safety - The project includes fire suppression zones to reduce fire hazards to an acceptable level. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Bressi Ranch Master Plan. 12. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 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. 13. 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. PC RESO NO. 5461 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 15. 16. 17. 18. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 17. 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, in that improvements necessary to maintain compliance with the growth management performance standards are contained in the Zone 17 Local Facilities Management Plan and the project will comply with the general and special conditions of the zone plan. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise as the property is within the Noise Impact Notification Areas. The project is compatible with the projected noise levels of the CLUP; and, based on the noiseAand use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that no residential areas of the project site are within the 60 CNEL or greater noise contours for the airport. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 recordation of a final map or issuance of a grading permit, 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; 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. PC RES0 NO. 5461 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer/Operator shall and does hereby agree to indemnifl, 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 non- discretionary, 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. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Tentative Tract Map reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. This approval is granted subject to the approval of MP 178(A) and PUD 02-06 and is subject to all conditions contained in Planning Commission Resolutions No. 5460 and 5464 for those other approvals incorporated herein by reference. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures that are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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 PC RES0 NO. 5461 -6- /3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. The Developer shall implement and comply will all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning Commission Resolution No. 5201. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Lennar Bressi Ranch Venture, LLC to provide and deed restrict 100 dwelling units as affordable to lower-income households for 15 years, 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 Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thving condition, free from weeds, trash, and debris. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas (including landscaping within parking areas) and paved parking areas. Prior to issuance of a Certificate of Occupancy the Developer shall provide the Planning Department with a recorded copy of the official CC&R s that have been approved by the department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in the Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to the City within 30 days for the official record. -7- 14 PC RES0 NO. 5461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. C. Failure of Association to Maintain Common Area Lots and Easement. 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 andor 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 Assessment Levied by the Citv. 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 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 hll 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 form 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 prorata 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 hisher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. E. Landscape Maintenance ResDonsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be set forth in Exhibit F. Restrictions on Private Lots. Restrictions on the use of any portion of a private lot shall be as set forth in Exhibit 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 F PC RES0 NO. 5461 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. 24. 25. Local Facilities Management Plan fee for Zone 17, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extend possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, 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. The 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. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales andor rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from El Camino Real, Palomar Airport Road, El Fuerte Street and Poinsettia Lane, in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Directors approval prior to final map approval. Any signs proposed for this development shall at a minimum be designed in conformance with the Bressi Ranch Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. PC RES0 NO. 5461 -9- /b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map by Resolution No. 5461 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 Planning Director 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 Developer shall dedicate on the final map, an open space easement for those portions of lots 64, 160, 335, 336, 421, 423, 516, 517, 519, 520, and 522 which are in slopes to prohibit any encroachment or development other than as shown on Exhibits RL 1-41. Developer shall make an irrevocable offer of dedication to the City establishing lots 333, 334, 422, 424, 518, 521, and 523 as common open space for recreational purposes in perpetuity. The common recreational vehicle storage area in Planning Area 13 shall be completed and available to residents concurrent with the occupancy of the 51st residential unit. A 30-foot building setback restriction from the right-of-way of El Fuerte Street shall be placed and recorded on lots 455-461. The same restriction shall be illustrated in the property CC&Rs. Pedestrian scale decorative street lighting subject to the approval of the Planning Director and City Engineer shall be provided in locations and in quantities determined by the City Engineer. Longer stretches of wall and/or fence along public rights-of-way as determined by the Planning Director shall be visually softened by the use of vines, shrubs, and/or trees as determined by the Planning Director and shall be reflected on the landscape plans. A minimum of one twenty-four inch box size tree per residential lot of the subdivision shall be planted in the parkway adjacent to each residential lot of the subdivision and shall be reflected on the landscape plans. The species shall be as determined by the Planning Director. A minimum of 25 percent of all single-family residential driveways leading to a front loaded garage not accessed from an alley as determined by the Planning Director shall be designed as “Pasadena” driveways with either grass or enhanced pavement in the’middle, examples of which are shown on Exhibits “R14-23.” All lots with side-loaded garages shall have enhanced driveway paving as determined by the Planning Director. I1 PC RES0 NO. 5461 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Amended Condition No. 36 I 36. 37. 38. Rear home elevations shall incorporate design elements typical to that architectural style, to the satisfaction of the Planning Director, including window shapes, sizes, configurations and surround treatments such as pop-outs, headers, ledges, shutters window boxes, etc. The rear elevation designs shall be shown on Exhibits RA1 through RA116. Standard and reverse floorplans shall be distributed to the greatest extent possible throughout all neighborhoods to the satisfaction of the Planning Director and their locations shall be shown on Exhibits R17 through R23. Side home elevations that are fully exposed to a street shall incorporate design elements typical to that architectural style to the satisfaction of the Planning Director including window shapes, sizes, configurations and surround treatments such as pop-outs, headers, ledges, shutters, window boxes, etc. and other exterior building materials such as horizontal siding, brick and stone veneers. The side elevation designs shall be shown on Exhibits RA1 through RA116 and the locations where the enhanced side elevations are to be located shown on Exhibits R17 through R23. Engineering 39. 40. 41. 42. 43. 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. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, parkways and street trees, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. This project is approved for up to six (6) Final Maps for the purposes of recordation in the order of phasing and lot numbers as shown on the tentative map. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). Type I "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified PC RES0 NO. 5461 -1 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." Type I1 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1. The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. FeedAgreements 44. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 45. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Grading 46. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 47. 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 apply for and obtain a grading permit from the City Engineer. Dedications/Improvements . 48. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 49. PC RES0 NO. 5461 -12- Additional drainage easements may be required. Developer shall dedicate and provide or 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 50. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Onsite improvements including but not limited to sewer, water, recycled water, storm drain, water quality treatment facilities, streets and alleys as shown on the Tentative Map. b) Frontage improvements of the Master Tentative Map (CT 00-06) including but not limited to: Palomar Airport Road, El Camino Real, El Fuerte Road, and infrastructure as shown on DWG 400-8, C, E, G, H, I, and 400-85 to the satisfaction of the City Engineer. These improvements shall either be constructed in advance of development permits or secured by this project if they are not yet complete. At the time of final design for this project, the security may be waived if these circulation and utility improvements have been installed to the satisfaction of the City Engineer. Design and construct a new fully actuated traffic signal at the intersection of Gateway Road and Village Green Drive. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. d) Poinsettia Lane to be fully improved between El Camino Real and Melrose Drive as shown on DWG 397-21 and 2K. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 51. Developer shall cause Owner to waive direct access rights on the final map for all lots fronting more than one (1) street as shown on the tentative map and as approved by 3s PC RES0 NO. 5461 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the City Engineer. 52. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. c. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. d. 53. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the S WMP shall: a. b. C. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. e. f. 54. Developer shall incorporate into the gradinghmprovement plans the design for the project 21 PC RES0 NO. 5461 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. Final Map Notes 55. Notes to the following effects shall be placed on the 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 over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. d. Planning Area 12 ’has provided an extension of a public street named “Clamont Ave.” to serve Planning area 13. The adjacent planning area could develop and access may be provided via the public street as irrevocably offered and as shown on this recorded map. . Special Conditions 56. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 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. Water 57. Prior to approval of improvement plans or final map, 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. 58. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. 22 PC RES0 NO. 5461 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access andor joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Dieno County Water Authority capacity charge(s) prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall accompany the landscape, improvement and grading plans for reference. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 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 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped system and easements. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the City Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire -16- 23 PC RES0 NO. 5461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 70. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a pressure reducing station, if required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 71. 72. 73. 74. 75. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exac ti ons .” You have 90 days from date of approval to protest imposition of these feedexactions. 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 feedexactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, 24 PC RES0 NO. 5461 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 zoning, grading or other similar zpplication 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 the 17th day of September 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None A R, Chairperson Ce PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5461 -18- . .. -. . .. .-. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5463 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CT 03-03 TO SUBDIVIDE 26.53 ACRES INTO FIVE LOTS INCLUDING A SINGLE LOT FOR AIRSPACE CONDOMINIUM PURPOSES TO ALLOW FOR THE DEVELOPMENT OF 100 INDIVIDUAL OWNERSHIP AFFORDABLE CONDOMINIUMS ON PROPERTY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET AND NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH AFFORDABLE HOUSING CASE NO.: CT 03-03 WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portion of Lot 15 of Carlsbad Tract 00-06, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14600 filed in the office of the County Recorder May 29,2003 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “AH 1-4” dated September 17, 2003,on file in the Planning Department, BRESSI RANCH AFFORDABLE HOUSING - CT 03-03 as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 636 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH AFFORDABLE HOUSING - CT 03-03, based on the following findings and subject to the following conditions: Findinw : 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the lot being created satisfies all minimum requirements of Title 20 governing lot sizes and configuration and has been designed to comply with all other applicable regulations including the Bressi Ranch Master Plan (MP 178). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential as well as commercial and industrial development on the General Plan and in the Bressi Ranch Master Plan and in that the design guidelines of the Bressi Ranch Master Plan will ensure there are no adverse impacts from non-residential development to the north of this site and the property to the west is designated for single-family residential development on the General Plan. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the project site can accommodate the proposed residential development while complying with all required setbacks required by the applicable City regulations including the Bressi Ranch Master Plan. 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 prior to recordation of the final map the developer will vacate and adjust any easements that conflict with proposed development. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). That the design of the subdivision provides, to the extent feasible, for hture passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented the proposed development will consist of multi-family residences with adequate separation to provide residents with adequate air circulation within and surrounding any future residential units. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs PC RES0 NO. 5463 -2- 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. against the public service needs of the City and available fiscal and environmental resources. That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has been conditioned to enter into an Affordable Housing Agreement to provide and deed restrict 100 dwelling units as affordable to lower-income households. 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 proposed development is not within a preserve area of the Habitat Management Plan and is within a previously graded area. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollution Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and Bressi Ranch Master Plan based on the facts set forth in the staff report dated September 17,2003 including, but not limited to the following: a. Land Use - The project is consistent with the City’s General Plan and Bressi Ranch Master Plan since the proposed density of 17.6 du/acre is within the density range of 15 - 23 du/acre specified for the site as indicated on the Land Use Element of the General Plan and the Bressi Ranch Master Plan as well as not exceeding the number of units permitted by the Bressi Ranch Master Plan. b. Housing - The project is consistent with the Housing Element of the General Plan, the Inclusionary Housing Ordinance, and the Bressi Ranch Master Plan as the developer is required to construct affordable housing units consistent with the Initial Affordable Housing Agreement approved for the Bressi Ranch Master Plan. The Bressi Ranch Affordable Housing project will satisfy the inclusionary housing requirement for this project. c. Open Space and Conservation - The Open Space Preserve Areas are identified in the City’s Habitat Management Plan, certified EIR 98-04, and Bressi Ranch Master Plan. The project will not impact the designated open space and will provide master plan trails and connections to the adjacent neighborhoods as identified in the mater plan. d. Public Safety - The project includes fire sprinklers to reduce fire hazards to an acceptable level. PC RES0 NO. 5463 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. e. Circulation - The circulation system is designed to provide adequate access to the proposed lots and complies with all applicable City design standards and the Bressi Ranch Master Plan. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 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. 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. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 17. 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, in that the project is being proposed and will be implemented consistent with the requirements of the Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project is not within noise contours greater than 60 CNEL as created by airport operations. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which PC RES0 NO. 5463 -4- 1 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA); [ 15 168(c)(2) and (e)]; b. this project is consistent with the Master Plan cited above; c. EIR 98-04 was certified in connection with the prior Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and f. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approvaI for the project. 18. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 19. 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 recordation of a final map or issuance of a grading permit, 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; 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. PC RES0 NO. 5463 -5 - .. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 non- discretionary, 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. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Tentative Tract Map reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. This approval is granted subject to the approval of MP 178(A) and CP 03-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5460 and 5465 for those other approvals incorporated herein by reference. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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 3/ PC RES0 NO. 5463 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. The Developer shall implement and comply will all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning Commission Resolution No. 5201. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Lennar Bressi Ranch Venture, LLC to provide and deed restrict 100 dwelling units as affordable to lower-income households for 15 years, 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 Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The 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. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas (including landscaping within parking areas) and, paved parking areas. Prior to issuance of a Certificate of Occupancy Developer shall provide the Planning Department with a recorded copy of the official CC&R s that have been approved by the department of Real Estate and the Planning Director. 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 the Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove, A copy of the final approved amendment shall be transmitted to the City within 30 days for the official record. 33 PC RES0 NO. 5463 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Failure of Association to Maintain Common Area Lots and Easement. 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 camed 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 Assessment 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 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 form 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 prorata 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 hisher 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 set forth in Exhibit 17. 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 17, pursuant to Chapter 2 1.90. All such 33 PC RES0 NO. 5463 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. 24. taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extend possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, 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. The 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. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from El Camino Real, Palomar Airport Road, and El Fuerte Street in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map by Resolution No. 5463 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 Planning Director 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 RES0 NO. 5463 -9- 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Engineering General 25. 26. 27. 28. 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, parkways and street trees, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). TvPe 1 "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." TyPe I1 "No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1. The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. Fees/AP reemen ts 30. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street PC RES0 NO. 5463 ,lo- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 31. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 32. 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 apply for and obtain a grading permit from the City Engineer. Dedicationsff mprovemen ts 33. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 34. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 35. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Onsite improvements including but not limited to sewer, water, recycled water, storm drain, water quality treatment facilities, streets and alleys as shown on the Tentative Map. b) Frontage improvements of the Master Tentative Map (CT 00-06) including but not limited to: Palomar Airport Road, El Camino Real, El Fuerte Road, and infrastructure as shown on DWG 400-8, C, E, G, H, I, and 400-85 to the satisfaction of the City Engineer. These improvements shall either be constructed in advance of development permits or secured by this project if they are not yet complete. At the time of final design for this project, the security may be waived if these circulation and utility improvements have been installed to the satisfaction of the City Engineer. PC RES0 NO. 5463 -1 1- 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. 37. 38. 39. 40. 41. c) That portion of Gateway Road 600’ west of El Fuerte as shown on DWG 400-8B and 8D along the frontage of lot 5. d) Poinsettia Lane to be fully improved between El Camino Real and Melrose Drive as shown, on DWG 397-21 and 2K. e) Design and construct a new fully actuated traffic signal at the intersection of Gateway Road and Village Green Drive. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Prior to occupancy, Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. Prior to occupancy, Developer shall install wheelchair ramps at the public street corners abutting the subdivision in conformance with City of Carlsbad Standards. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area and/or aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall cause Owner to waive direct access rights on the final map for all lots as shown on the tentative map and as approved by the City Engineer. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan 37 PC RES0 NO. 5463 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42. (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements; b. Include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; c. Recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern; b. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; c. Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; e. Ensure long-term maintenance of all post construct BiMPs in perpetuity; and PC RES0 NO. 5463 -13- 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Final Map Notes 43. Note(s) to the following effect(s) shall be placed on the 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 over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. d. The City may cause a reconfiguration of Lots 4 and 5 through review and processing of development applications on Lots 4 or 5. Special Conditions 44. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 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. Water 45. Prior to approval of improvement plans or final map, 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. 46. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 47. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority caDacity charae(s) prior to issuance of Building Permits. PC RES0 NO. 5463 -14- 39 1 I L 4 .. t i E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall accompany the landscape, improvement and grading plans for reference. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 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 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped water system and easements. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the City Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. PC RES0 NO. 5463 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a pressure reducing station, if required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 59. 60. 61. 62. 63. The tentative map shall expire twenty-four (24) months from the date this tentative map approval becomes final. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these feedexactions. 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 feedexactions 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. PC RES0 NO. 5463 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of September 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None v R, Chairperson ce PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5463 -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5464 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING TO SUBDIVIDE 131.0 ACRES INTO 523 LOTS AND REVIEW HOMES ON THE LOTS ON PROPERTY GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMWO REAL, NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE AND WEST OF THE FUTURE EXTENSION OF EL FUERTE STREET IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 02-06 THE DESIGN AND PLACEMENT OF SINGLE-FAMILY CASE NO.: PUD 02-06 WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Lots 6,7,8,9,10,12, and 16 of Carlsbad Tract No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14600 filed in the office of the County Recorder of San Diego County May 29,2003 (“the Property”);and WHEREAS, said verified application constitutes a request for a Planned Unit Development Permit as shown on Exhibits “R 13-23”; “RL 1-41”; and ”RA 1-116”” dated September 17, 2003, on file in the Planning Department, BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) - PUD 02-06 as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH RESIDENTIAL (PLANNING AREAS 6 THROUGH 10 AND 12) - PUD 02-06, based on the following findings and subject to the following conditions: Findings: 1. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the project has been designed to reflect City Council Policy Statement No. 66 regarding Livable Neighborhoods and City Council Policy Statement 44 regarding Neighborhood Architectural Design Guidelines, to provide common recreation and open spaces, to provide common recreational vehicle storage, and to provide a variety of housing designs. 2. That the proposed project’s density, site design and architecture are compatible with surrounding development, in that the neighborhoods of Bressi Ranch have been designed per the land use distribution shown in the Bressi Ranch Master Plan where each neighborhood compliments the next. 3. The Planning Director has determined that: a. the project is a subsequent activity of the Bressi Ranch Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA; [ 15 168(c)(2) and (e)]; b. this project is consistent with the Master Plan cited above; c. EIR 98-04 was certified in connection with the prior Master Plan; d. the project has no new significant environmental effect not analyzed as significant in the prior EIR; e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; and f. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. PC RES0 NO. 5464 -2- 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide hnding 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. 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, in that the project is being proposed and will be implemented consistent with the requirements of the Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project is not within noise contours greater than 60 CNEL as created by airport operations. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 building 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 -3- 45 PC RES0 NO. 5464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. revoke or modi@ 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; 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 Planned Unit Development. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Unit Development 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. Developer/Operator shall and does hereby agree to indemnifl, 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 Planned Unit Development, (b) City’s approval or issuance of any permit or action, whether discretionary or non- discretionary, 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. Developer shall submit to the Planning Director a reproducible 24” x 36” mylar copy of the Planned Unit Development reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing format. This approval is granted subject to the approval of MP 178(A) and CT 02-14 and is subject to all conditions contained in Planning Commission Resolutions No. 5460 and 5461 for those other approvals incorporated herein by reference. PC RES0 NO. 5464 -4- 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 16. 17. This approval shall become null and void if building permits are not issued for this project within 18 months from the date that CT 02-14 is recorded as a final map. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures that are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. The Developer shall implement and comply will all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning Commission Resolution No. 5201. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the ‘&Initial Affordable Housing Agreement Imposing Restriction on Real Property” between the City of Carlsbad and Lennar Bressi Ranch Venture, LLC to provide and deed restrict 100 dwelling units as affordable to lower-income households for 15 years, 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 Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all hture owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thving condition, free from weeds, trash, and debris. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the #7 PC RES0 NO. 5464 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas (including landscaping within parking areas) and paved parking areas. Prior to issuance of a Certificate of Occupancy the Developer shall provide the Planning Department with a recorded copy of the official CC&R s that have been approved by the department of Real Estate and the Planning Director. At a minimum, the CC&Rs shall contain the following provisions: A. General Enforcement bv the Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in the Declaration in favor of, or in which the City has an interest. B. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to the City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easement. 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 Assessment Levied bv 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 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 form 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 prorata 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 PC RES0 NO. 5464 -6- 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 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 set forth in Exhibit F. Restrictions on Private Lots. Restrictions on the use of any portion of a private lot shall be set forth in Exhibit 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 17, pursuant to Chapter 2 1.90. All such taxedfees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extend possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, 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. The 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. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Planned Unit Development by Resolution No. 5464 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 Planning Director has the authority to execute and record an amendment to the notice PC RES0 NO. 5464 -7- 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Directors approval prior to final map approval. Any signs proposed for this development shall at a minimum be designed in conformance with the Bressi Ranch Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. The common recreational vehicle storage area in Planning Area 13 shall be completed and available to residents prior to or concurrent with the occupancy of the 51st residential unit. Pedestrian scale decorative street lighting subject to the approval of the Planning Director and City Engineer shall be provided in locations and in quantities determined by the City Engineer. Longer stretches of wall and/or fence along public rights-of-way as determined by the Planning Director shall be visually softened by the use of vines, shrubs, and/or trees as determined by the Planning Director and shall be reflected on the landscape plans. A minimum of one twenty-four inch box size tree per residential lot of the subdivision shall be planted in the parkway adjacent to each residential lot of the subdivision and shall be reflected on the landscape plans. The species shall be as determined by the Planning Director. A minimum of 25 percent of all single-family residential driveways leading to a front loaded garage not accessed from an alley as determined by the Planning Director shall be designed as (‘Pasadena” driveways with either grass or enhanced pavement in the middle, examples of which are shown on Exhibits “F” - “W.” All lots with side-loaded garages shall have enhanced driveway paving as determined by the Planning Director. PC RES0 NO. 5464 -8- 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4, 33. All of the model homes in Panning Areas 6, 9, 10, and 12 shall be constructed with an upgraded garage door approved by the Planning Director and all production homes shall be offered with the same or similar upgraded garage door as an option. Engineering 34. 35. 36. 37. 38. 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. Prior to issuance of any building permit, Developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs andor other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, parkways and street trees, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. This project is approved for up to 6 Final Maps for the purposes of recordation in the order of phasing and lot numbers as shown on the tentative map. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). Type I “No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition.” Type I1 “No structure, fence, wall, tree, shrub, sign, or other object shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1. The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition.” The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. PC RES0 NO. 5464 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FeedAgreemen ts 39. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. 40. Developer shall execute and record a City standard Basin Maintenance Agreement prior to the approval of grading, building permit or final map, whichever occurs first for this Project. Grading 41. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 42. 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 apply for and obtain a grading permit from the City Engineer. DedicationsLImprovernents 43. 44. 45. Developer shall cause Owner to make an irrevocable offer of dedication to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Onsite improvements including but not limited to sewer, water, recycled water, storm drain, water quality treatment facilities, streets and alleys as shown on the Tentative Map. -10- 54 PC RES0 NO. 5464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b) Frontage improvements of the Master Tentative Map (CT 00-06) including but not limited to: Palomar Airport Road, El Camino Real, El Fuerte Road, and infrastructure as shown on DWG 400-8, C, E, G, H, I, and 400-85 to the satisfaction of the City Engineer. These improvements shall either be constructed in advance of development permits or secured by this project if they are not yet complete. At the time of final design for this project, the security may be waived if these circulation and utility improvements have been installed to the satisfaction of the City Engineer. c) That portion of Gateway Road 600’ west of E1 Fuerte as shown on DWG 400-8B and 8D along the frontage of lot 5. d) Poinsettia Lane to be fully improved between El Camino Real and Melrose Drive as shown on DWG 397-21 and 2K. e) Design and construct a new fully actuated traffic signal at the intersection of Gateway Road and Village Green Drive. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. f) Developer shall design and install a fully-activated traffic signal, including all appurtenances, at the intersection of Gateway Road and Village Green Drive to the satisfaction of the City Engineer. The traffic signal shall not be installed A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Developer shall cause Owner to waive direct access rights on the final map for all lots fronting more than one (1) street as shown on the tentative map and as approved by the City Engineer. 46. 47. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall -1 1- 53 PC RES0 NO. 5464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. b. C. include all content as established by the California Regional Water Quality Control Board requirements; include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; recommend source control and treatment control Best Management Practices (BMP’s) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling clean up and disposal of pollutants. 48. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP).” The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. b. C. identify existing and post-development on-site pollutants-of-concern; identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; d. establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; ensure long-term maintenance of all post construct BMPs in perpetuity; and identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. e. f. 49. Developer shall incorporate into the gradinghmprovement plans the design for the project drainage outfall end treatments for any drainage outlets where a direct access road for maintenance purposes is not practical. These end treatments shall be designed so as to prevent vegetation growth from obstructing the pipe outfall. Designs could consist of a modified outlet headwall consisting of an extended concrete spillway section with longitudinal curbing and/or radially designed rip-rap, or other means deemed appropriate, to the satisfaction of the City Engineer. PC RES0 NO. 5464 -12- 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Map Notes 50. Note(s) to the following effect(s) shall be placed on the map as non-mapping da.d: 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 over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Special Conditions 51. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 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. Water 52. 53. 54. 55. Prior to approval of improvement plans or final map, 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. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the .District or the City of Carlsbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charne(s1 prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall accompany the landscape, improvement and grading plans for reference. PC RES0 NO. 5464 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 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 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped system and easements. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the City Engineer. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a pressure reducing station, if required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. PC RES0 NO. 5464 -14- 5-b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited t the following: 66. 67. 68. 69. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 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. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of 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. ... ... PC RES0 NO. 5464 -15- 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 17th day of September 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None P R, Chairperson Ce PLANNING COMMISSION ATTEST: MICHAEL J. HO~ILI%R Planning Director PC RES0 NO. 5464 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 5465 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ALLOW FOR THE DEVELOPMENT OF 100 INDIVIDUAL OWNERSHIP AFFORDABLE CONDOMINIUMS ON PROPERTY LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST OF EL CAMINO REAL, WEST OF THE FUTURE EXTENSION EL FUERTE STREET AND NORTH OF THE FUTURE EXTENSION OF POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 17. CASE NAME: APPROVAL OF CONDOMINIUM PERMIT CP 03-03 TO BRESSI RANCH AFFORDABLE HOUSING CASE NO.: CP 03-03 WHEREAS, Bressi Garden Lane LLC, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as: Portion of Lot 15 of Carlsbad Tract No. 00-06, in the City of Carlsbad, County of San Diego, State of California, according to map thereof 14600 filed in the office of the County Recorder May 29,2003 . (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibits “AHL 1-8” and “AHA 1-5” dated September 17,2003, on file in the Planning Department, BRESSI RANCH AFFORDABLE HOUSING - CP 03-03 as provided by Chapter 2 1.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of September 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 59 .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of BRESSI RANCH AFFORDABLE HOUSING - CP 03-03, based on the following findings and subject to the following conditions: 1. 2. 3. 4. That the proposed project complies with all applicable development standards included within Chapter 21.45 of the Carlsbad Municipal Code, in that the project has been designed to reflect City Council Policy Statement No. 66 regarding Livable Neighborhoods and City Council Policy Statement 44 regarding Neighborhood Architectural Design Guidelines, to provide common recreation and open spaces, to provide common recreational vehicle storage, and to provide a variety of housing designs. That the proposed project’s density, site design and architecture are compatible with surrounding development, in that the neighborhoods of Bressi Ranch have been designed per the land use distribution shown in the Bressi Ranch Master Plan where each neighborhood compliments the next. The Planning Director has determined that: a. b. C. d. e. f. the project is a subsequent activity of the Bressi Ranch Master Plan for which a program EIR was prepared, and a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that the program EIR adequately describes the activity for the purposes of CEQA; [ 15 168(c)(2) and (e)]; this project is consistent with the Master Plan cited above; EIR 98-04 was certified in connection with the prior Master Plan; the project has no new significant environmental effect not analyzed as significant in the prior EIR; none of the circumstances requiring a Subsequent EIR or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist; and All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 17 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 PC RES0 NO. 5465 -2- 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 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. 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, in that the project is being proposed and will be implemented consistent with the requirements of the Bressi Ranch Master Plan and Zone 17 Local Facilities Management Plan. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that as conditioned the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, in that the project is not within noise contours greater than 60 CNEL as created by airport operations. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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 recordation of a final map or issuance of a grading permit, 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; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No PC RES0 NO. 5465 -3- i$/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 2. 3. 4. 5. 6. 7. 8. 9. vested rights are gained by Developer or a successor in interest by the City's approval of this Condominium Permit. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Condominium Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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. 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 Condominium Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, 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. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Site Plan reflecting the conditions approved by the final decision making body. Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing format. This approval is granted subject to the approval of MP 178(A) and CT 03-03 and is subject to all conditions contained in Planning Commission Resolutions No. 5460 and 5463 for those other approvals incorporated herein by reference. This approval shall become null and void if building permits are not issued for this project within 18 months from the date that CT 03-03 is recorded as a final map PC RES0 NO. 5465 -4- 6d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. 16. 17. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. The Developer shall implement and comply will all applicable mitigation measures required by the Mitigation Monitoring and Reporting Program certified with the Final Program EIR for the Bressi Ranch Master Plan - EIR 98-04, as contained in Planning Commission Resolution No. 5201. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City as required by the “Initial Affordable Housing Agreement lmposing Restriction on Real Property” between the City of Carlsbad and Lennar Bressi Ranch Venture, LLC to provide and deed restrict 100 dwelling units as affordable to lower-income households for 15 years, 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 Planning Director no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. The Developer shall construct the required inclusionary units concurrent with the project’s market rate units, unless both the final decision making authority of the City and the Developer agree within an Affordable Housing Agreement to an alternate schedule for development. The Developer shall submit and obtain Planning Director approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. The 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. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. The CC&Rs shall adequately address maintenance of all common landscaped areas (including landscaping within parking areas) and paved parking areas. Prior to issuance of a Certificate of Occupancy the -5- d3 PC RES0 NO. 5465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Developer shall provide the Planning Department with a recorded copy of the official CC&R s that have been approved by the department of Real Estate and the Planning Director. 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 the Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to the City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easement. 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 perfoLm 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 andor 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 Assessment 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 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 form 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 prorata 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 -6- 69 PC RES0 NO. 5465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. 19. 20. 21. 22. 23. 24. 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 set forth in Exhibit 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 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxedfees are not paid, this approval will not be consistent with the General Plan and shall become void. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extend possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the Planning Director and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. The Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, 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. The 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. Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form meeting the approval of the Planning Director and the City Attorney (see Noise Form #2 on file in the Planning Department). The Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director (see Noise Form #3 on file in the Planning Department). Prior to the issuance of building permits, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from El Camino Real, Palomar Airport Road, and El Fuerte Street in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #1 on file in the Planning Department). PC RES0 NO. 5465 -7- 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. Prior to the issuance of building permits, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Condominium Permit by Resolution No. 5465 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 Planning Director 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. 26. A greater percentage of 36 inch and 48 inch box specimen trees shall be provided between the three protruding building sections than are shown on the concept landscape plans Exhibits AHLl through AHLS, dated September 17, 2003. The quantity and location of the specimen trees shall be shown on the Final Landscape and Irrigation Plan subject to the approval of the Planning Director. Engineering General 27. 28. 29. 30. 31. 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. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other recorded document, for maintaining the private easements within the subdivision and all the private improvements: streets, sidewalks, street lights, parkways and street trees, storm drain and water quality treatment facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. There shall be one Final Map recorded for this project. Developer shall install sight distance corridors (see below for types) at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). Type I "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance conidor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition." PC RES0 NO. 5465 -8- 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Type I1 "No structure, fence, wall, tree, shrub, sign, or other a-ject shall be placed or permitted on the subject property within the Caltrans corner sight distance corridors. No obstructions shall impede nor conflict with the line-of-sight which is established per City Standard Public Street-Design Criteria, Section 8.B.1. The sight line is depicted on the tentative map. The underlying property owner shall maintain this condition." The limits of these sight distance corridors shall be reflected on any improvement, grading, or landscape plan prepared in association with this development. FeedAPreements 32. Prior to approval of any grading or building permits for this project, Developer shall cause Owner to give written consent to the City Engineer to the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the City Engineer. Grading 33. Prior to the issuance of a grading permit or building permit, whichever occurs first, Developer shall submit to the City Engineer proof that a Notice of Intention for the start of work has been submitted to the State Water Resources Control Board. 34. 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 apply for and obtain a grading permit from the City Engineer. Dedications/Improvements 35. Developer shall cause Owner to make an irrevocable offer of dedication to the City andor other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the final map and/or by separate document. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. 36. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. 37. Developer shall execute and record a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, signing and striping, sidewalks, curbs and gutters, medians, grading, PC RES0 NO. 5465 -9- d7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 clearing and grubbing, undergrounding or relocation of facilities, sewer, water, fire hydrants, street lights, water quality treatment facilities and reclaimed water, to City Standards to the satisfaction of the City Engineer. The improvements are: a) Onsite improvements including but not limited to sewer, water, recycled water, storm drain, water quality treatment facilities, streets and alleys as shown on the Tentative Map. b) Frontage improvements of the Master Tentative Map (CT 00-06) including but not limited to: Palomar Airport Road, El Camino Real, El Fuerte Road, and infrastructure as shown on DWG 400-8, C, E, G, H, I, and 400-85 to the satisfaction of the City Engineer. These improvements shall either be constructed in advance of development permits or secured by this project if they are not yet complete. At the time of final design for this project, the security may be waived if these circulation and utility improvements have been installed to the satisfaction of the City Engineer. c) Poinsettia Lane to be fully improved between El Camino Real and Melrose Drive as shown on DWG 397-21 and 2K. d) Design and construct a new fully actuated traffic signal at the intersection of Gateway Road and Village Green Drive. Developer acknowledges the necessity of this signal is to serve only this project and Developer will bear all costs associated with the design and construction of this signal, if warrants are met. The signal shall be interconnected with adjacent signals to facilitate signal coordination. Developer shall post security for the design and construction of said improvements. The Agreement shall be kept in force and security kept valid for a period of 5-years after the last building permit has been issued within this Development. The traffic signal shall be installed only when written approval is received by the City Engineer. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 38. Prior to occupancy, Developer shall install streetlights along all public and private street frontages abutting and/or within the subdivision in conformance with City of Carlsbad Standards. 39. Prior to occupancy, Developer shall install sidewalks along all public streets abutting the subdivision in conformance with City of Carlsbad Standards. 40. Prior to occupancy, Developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. PC RES0 NO. 5465 -10- LS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41 42. 43. 44. Prior to building permit or grading permit issuance, whichever occurs first, Developer shall have design, apply for and obtain approval of the City Engineer, for the structural section for the access aisles with a traffic index of 5.0 in accordance with City Standards due to truck access through the parking area andor aisles with an ADT greater than 500. The structural pavement design of the aisle ways shall be submitted together with required R-value soil test information and approved by the City Engineer as part of the building or grading plan review whichever occurs first. Developer shall cause Owner to waive direct access rights on the final map for all lots as shown on the tentative map and as approved by the City Engineer. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Pollution Prevention Plan (SWPPP).” The SWPPP shall be in compliance with current requirements and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant runoff during construction of the project. At a minimum, the SWPPP shall: a. Include all content as established by the California Regional Water Quality Control Board requirements; b. Include the receipt of “Notice of Intent” issued by the California Regional Water Quality Control Board; c. Recommend source control and treatment control Best Management Practices (BMPs) that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way or natural drainage course; and d. Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to employee education on the proper procedures for handling dean up and disposal of pollutants. Prior to the issuance of grading permit or building permit, whichever occurs first, Developer shall submit for City approval a “Storm Water Management Plan (SWMP)”. The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Storm water Mitigation Plan (SUSMP), Order 2001-01 issued by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code. The SWMP shall address measures to avoid contact or filter said pollutants from storm water, to the maximum extent practicable, for the post-construction stage of the project. At a minimum, the SWMP shall: a. Identify existing and post-development on-site pollutants-of-concern; PC RES0 NO. 5465 -1 1- t49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 26 27 28 b. C. d. e. f. Identify the hydrologic unit this project contributes to and impaired water bodies that could be impacted by this project; Recommend source controls and treatment controls that will be implemented with this project to avoid contact or filter said pollutants from storm water to the maximum extent practicable before discharging to City right-of-way; Establish specific procedures for handling spills and routine clean up. Special considerations and effort shall be applied to resident education on the proper procedures for handling clean up and disposal of pollutants; Ensure long-term maintenance of all post construct BMPs in perpetuity; and Identify how post-development runoff rates and velocities from the site will not exceed the pre-development runoff rates and velocities to the maximum extent practicable. Final Map Notes 45. Note(s) to the following effect(s) shall be placed on the 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 over 30 inches above the street level may be placed or permitted to encroach within the area identified as sight distance corridors. Special Conditions 46. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Tentative Map are for planning purposes only. 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. Water 47. Prior to approval of improvement plans or final map, 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 PC RES0 NO. 5465 -12- 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. The Developer shall design and construct public facilities within public right-of-way or within minimum 20-feet wide easements granted to the District or the City of Carisbad. At the discretion of the District Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. Developer shall pay the San Diego County Water Authority capacity charae(s1 prior to issuance of Building Permits. The Developer shall prepare a colored recycled water use map and submit this map for processing and approval by the District Engineer. A copy of the approved exhibit shall accompany the landscape, improvement and grading plans for reference. The Developer shall design landscape and irrigation plans utilizing recycled water as a source. Said plans shall be submitted to the satisfaction of the District Engineer. The Developer shall install potable water and recycled water services and meters at a location approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. The Developer shall install sewer laterals and clean-outs at a location approved by the District Engineer. The locations of sewer laterals shall be reflected on public improvement plans. The Developer shall design and construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the District Engineer. Proposed public facilities shall be reflected on public improvement plans. 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 occupancy. A note to this effect shall be placed on the Final Map, as non-mapping data. Prior to Final Map approval or issuance of building permits, whichever is first, the entire potable water, recycled water, and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure, and flow demands can be met to the satisfaction of the District Engineer. The Developer shall coordinate with the District Engineer regarding the looped water system and easements. The Developer shall submit a detailed sewer study, prepared by a Registered Engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement -13- 71 PC RES0 NO. 5465 -4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 plans for the project and the study shall be prepared to the satisfaction of the City Engineer. 59. The Developer shall submit a detailed potable water study, prepared by a Registered Engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the District Engineer. 60. The Developer shall submit detailed design drawings prepared by a Registered Engineer for the construction of a pressure reducing station, if required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. Code Reminder The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 61. Developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction of the City Engineer. 62. 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. 63. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 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. PC RES0 NO. 5465 .14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 the 17th day of September 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Dominguez, Heineman, Montgomery, Segall, White, and Whitton NOES: None ABSENT: None ABSTAIN: None E$iiiiii R, Chairperson CARhsB$D PL,4"&G COMMISSION ATTEST: MICHAEL J. HOmILLkk Planning Director PC RES0 NO. 5465 -15- 73 EXHIBIT 5 P.C. AGENDA OF: September 17,2003 The City of Carlsbad Planning Department Application complete date: June 2, 2003 Project Planner: Christer Westman Project Engineer: Clyde Wickham A REPORT TO THE PLANNING COMMISSION Item No. @ 57 JB JECT: MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-O3/CUP 02- 17/SDP 03-11 - BRESSI RANCH RESIDENTIAL - A determination that the project is within the scope of the Bressi Ranch Master Plan Final Program EIR approved earlier and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for a recommendation of approval for two Tentative Tract Maps, a Planned Unit Development, and Condominium Permit; and approval of a Minor Master Plan Amendment, Tentative Tract Map, Conditional Use Permit; and, Site Development Plan to allow for the redistribution of residential units within the Bressi Ranch Master Plan, the subdivision of planning areas for 523 single-family lots, development of 498 single-family detached homes, subdivision and development of 100 affordable condominiums, development of the Village Green common recreation area, and the development of the Village Square park. The project site is generally located south of Palomar Airport Road, east of El Camino Real, north of the future extension of Poinsettia Lane, and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5461, 5463, 5464, and 5465 RECOMMENDING APPROVAL of Carlsbad Tracts CT 02-14 and CT 03-03, Planned Unit Development PUD 02-06, and Condominium Permit CP 03-03 and ADOPT Planning Commission Resolutions No. 5460, 5462, 5466 and 5467, APPROVING Minor Master Plan Amendment MP 178(A), Carlsbad Tract CT 02-19, Conditional Use Permit CUP 02-17, and Site Development Plan SDP 03-1 1 based on the findings and subject to the conditions contained therein. 11. INTRODUCTION The proposed project consists of a number of applications to allow for the development of all the residentially designated planning areas and two park areas of the Bressi Ranch Master Plan. The Minor Master Plan Amendment provides an accounting and adjusts the number of residential units in each of the residential planning areas. The adjustments are memorialized in the Master Plan Amendment Log. Each of the residential planning areas are proposed to be subdivided into individual residential lots. Planning Areas 6 through 10 and Planning Area 12 are subdivided into 498 residential lots and 25 open spaceheighborhood park lots by CT 02-14. The associated Planned Unit Development, PUD 02-06, allows for the creation of lots less than 7,500 square feet and approves floor plans and elevations for all of the planning areas. A second Tentative Map (CT 03-03) and Condominium Permit (CP 03-03) subdivides a portion of MP 178(A)/CT 02-14/CT 02-19/CT 03-03PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 2 of 18 Planning Area 15 for the purpose of developing 100 “affordable” air space condominiums and creates smaller commercial and open space lots within Planning Area 15. The third Tentative Map (CT 02-19) subdivides Planning Area 11 into 25 estate lots. No floor plans or elevations are proposed for Planning Area 11 at this time. Applications include the design of two significant parks: the master plan central recreation area in Open Space Area 2, known as the Village Green by Conditional Use Permit CUP 02-17; and, the design of the Village Square located in a portion of Planning Area 15 by Site Development Plan SDP 03- 1 1. All of the proposed development falls within the scope of the Final Program Environmental Impact Report for the Bressi Ranch Master Plan. No additional environmental review is required to comply with the California Environmental Quality Act. Because the subdivision of Planning Areas 6 through 10 and Planning Area 12 is for more than 50 residential lots, the Planning Commission will make a recommendation for action to the City Council. Along with being a subdivision of more than 50 residential condominium units, as an “affordable” project, CT 03-03 and CP 03-03 will also be forwarded to the City Council with a recommendation from the Planning Commission. The projects comply with all applicable City Standards and all necessary findings can be made for the approvals being requested 111. PROJECT DESCRIPTION AND BACKGROUND Background ’ On July 9, 2002 the City Council certified the Final Program EIR for the Bressi Ranch Master Plan, approved the Bressi Ranch Master Plan, a Master Tentative Tract Map and related applications for Bressi Ranch. The Bressi Ranch Master Plan established the permitted uses, development standards, and design criteria for each planning area as well as the development review process to be used for each planning area. Master Tentative Tract Map CT 00-06 subdivided the Bressi Ranch Master Plan into 22 lots whose boundaries coincide with the boundaries of planning and open space areas. Grading for the developable portion of the Master Plan was approved under Hillside Development Permit HDP 99-06. A grading permit has been issued and the site is currently being rough graded. . Project Description The proposed project is located south of Palomar Airport Road, east of El Camino Real, north of the future extension of Poinsettia Lane and east of the future extension of El Fuerte Street. The project encompasses residential Planning Areas 6 through 12 and Planning Area 15, Open Space Area 2, and a portion of Planning Area 15. All of the proposed applications implement City Council Policy 66 for the Development of Livable Neighborhoods. The main goal of the Bressi Ranch Master Plan was to create a livable neighborhood, where residents are encouraged 7.5 MP 178(A)/CT 02-14/CT 02-19/CT 03-03PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Pane 3 of 18 to walk to jobs, commercial and recreational opportunities. The building faqades of the single- family and multi-family units are articulated to provide visual interest to pedestrians. The majority of the homes will have clearly visible front doors and front porches or patios to encourage social interaction. A variety of garage configurations will be used to improve the street scene. Planning Areas 7 and 8 will have alley-loaded garages, while the homes in the other Planning Areas will have recessed garages. Wherever possible, an interconnected sidewalk system has been provided to encourage pedestrian activity. Traffic calming measures such as traffic circles and bulbouts have been provided to slow traffic within the residential portion of the Master Plan. All of the proposed public residential streets will have offset sidewalks with parkways adjacent to the streets. The Village Green and Village Square will serve as major public gathering places and recreational activity centers. In addition, a number of smaller neighborhood parks will serve as focal pointdgathering places within the various Planning Areas. The “project” includes a number of permit applications. To make it easier to review, it can be separated into six sub-applications. MP 178(A) - Minor Master Plan Amendment The Minor Master Plan Amendment provides an accounting and adjusts the number of residential units for each of the residential planning areas. The Master Plan limits the total number of residential dwelling units to 623. All of those residential units are distributed between each of the planning areas that allow for residential use. Since that distribution was determined by assumptions at the time the Master Plan was reviewed and approved, a Minor Master Plan Amendment process to allow for redistribution of residential units in the future was established. The Minor Master Plan Amendment adjusts Exhibit XN-1 of the Bressi Ranch Master Plan (attached to Planning Commission Resolution No. 5460), to document the redistribution of residential units in each Planning Area. The maximum total of 623 residential dwelling units for the master plan is maintained. CT 02-14 and PUD 02-06 - Residential The project area is bordered to the north by industrial Planning Areas 3 and 4, to the west by Open Space Area 1 and industrial Planning Area 2, to the east by Open Space Area 3 and 4, and to the south by the Villages of La Costa-The Greens. This part/portion of the Master Plan site is 13 1 .O acres and includes Planning Areas 6 through 10 and Planning Area 12. The Tract Map and Planned Unit Development subdivide each of these Planning Areas into 498 residential lots. (Attachment 10 details the locations of the various Planning Areas.) Along with each subdivision are floor plans and architectural elevations for the proposed homes. Greystone Homes, a subsidiary of Lennar Communities, will be the builder of all of these planning areas. Neighborhood parks are located in or immediately adjacent to all of these Planning Areas. The parks range in size from approximately 4,100 to 72,000 square feet and will contain active andor passive amenities such as benches, flat active spaces, bicycle racks, trash receptacles, picnic areas, pathways, tot lots, and a basketball half-court. Table I describes the number of units, size 76 MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-1 7/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 of lots, number of floor plans, number of stones, and floor plan square footage range for the various Planning Areas: I * See Table 111, page 1 1, for the breakdown of single story and two story units. CT 03-03 and CP 03-03 - Affordable Housing The affordable housing site is located in the northwest part of mixed use Planning Area 15. The site is near the Village Square, the industrial properties to the north and the commercial center to the east. The project consists of 100 for-sale, stacked flat condominium units in 10 two-story buildings. Seven units are located on the second floor, and three units are located on the ground floor. Each unit will be provided with an enclosed attached garage space. The units are intended for households with incomes that are no more than 80% of the San Diego County area median income. The project contains a mix of 60 two-bedroom, 1-bath units ranging in size from 863 to 1,026 square feet, and 40 three-bedroom, 2-bath units containing 1,100 square feet. CT 02-19 - Estate Residential This portion of the Master Plan is estate residential Planning Area 11 located southwest of Planning Areas 8 and 9. A total of 25 lots are proposed with gross lot sizes ranging from 19,155 to 62,171 square feet and net pad areas ranging from 15,087 to 37,628 square feet. No homes are proposed with the subdivision at this time. The Master Plan describes this planning area as developing with large lot semi-custom and custom homes. 77 MP 178(A)/CT 02- 14/CT 02- 19/CT 03-03PUD 02-06/CP 03-03/CUP 02- 17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17, 2003 Page 5 of 18 CUP 02-17 - Village Green The 3.97-acre Village Green is proposed within Open Space Area 2 located south and east of Planning Area 10, west of Planning Areas 7 and 8, and north of Planning Area 8. The amenities of the Village Green include an Olympic-sized swimming pool, wading pool, spa, 3,200 square foot community building with outdoor fireplace, barbeque area, rose garden, picnic area, and large level grassy play areas. The Village Green will provide community recreational facilities for all of the residents of Bressi Ranch. SDP 03-1 1 - Village Square The 1.98-acre Village Square site is located in the south central part of Planning Area 15. It is surrounded by future commercial on the north and east, Planning Area 7 to the south, and possibly a fhture assisted care for the elderly on the west in another part of Planning Area 15. The Village Square is intended to serve as a major public gathering area for the Bressi Ranch Master Plan. Landscape design for the Village Square is minimal to respect vistas and to allow for ample space for congregation. The design does include a gazebo, mounded amphitheater and benches. Deciduous trees and trellis structures have been located to provide adequate shading for comfortable mid-day use during the summer. IV. ANALYSIS The project is subject to the following plans, ordinances, standards and policies: A. B. C. D. E. F. A. General Plan; Bressi Ranch Master Plan (MP-178) / Zoning/ Neighborhood Architectural Guidelines for the Development of Livable Neighborhoods: City Council Policy 44 and City Council Policy 66; Planned Development Ordinance: Chapter 21.45 of the Carlsbad Municipal Code; Subdivision Ordinance: Title 20 of the Carlsbad Municipal Code; Inclusionary Housing Ordinance: Chapters 21.85 & 21.53 of the Carlsbad Municipal Code; and Growth Management: Zone 17 Local Facilities Management Plan. General Plan The projects addressed by this staff report have the following General Plan Designations: Residential Low-Medium Density (RLM) in Planning Areas 9, 10, and 1 1, Residential Medium (RM) in Planning Area 6, Residential Medium-High (RMH) in Planning Areas 7, 8, and 12, Residential High (RH), Local Commercial (L), and Community Facilities (CF) in Planning Area 15, and Open Space (OS) in Open Space Area 2. 78 MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CuP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 6 of 18 Table I1 - General Plan Con Element Land Use ’ Land Use Land Use Land Use Land Use Circulation Housing Public Safety Goal, Objective, Policy Objective B.2 - Create a visual form that is pleasing to the eye, rich in variety, reflecting environmental values. Policy C.4 - Encourage clustering when it is compatible with adjacent develoument. Policy C.6 - Review the architecture of buildings to ensure the quality and integrity of design and enhancement of the character of each neighborhood. Policy C.8 - Provide for a sufficient diversity of land uses so that schools, parks and recreational areas, churches and neighborhood shopping centers are in close Droximitv. Policy C. 12 - Develop and retain open space in all categories of land use. Streets & Traffic Control Policy C. 18 - Require new development to dedicate and improve all public rights- of-way for circulation facilities needed to serve development. Policy 3.6a- A minimum of fifteen percent of all units approved for any master plan community shall be affordable to lower income households. Airports Hazards Policy C.3 - Review development proposals in the Airport Influence Area to ensure design features are incorporated to address aimort crash and noise hazards. liance Project Consistency Open spaces, landscaped parkways and architecture create areas that are visually pleasing. The Master Plan clustered development areas to preserve ouen mace. A variety of architecture has been proposed and designed under master plan and city wide architectural guidelines. A variety of land use types is proposed. The project includes open space for the preservation of natural resources, public safety and open space for outdoor recreation. Dedication and improvement of all circulation facilities needed for the project will be completed. A component of the project is dedicated specifically to housing for lower income households. Land Uses have been sited consistent with the Master Plan to be compatible with the Comprehensive Land Use Plan for McClellan-Palomar Airport. 79 MP 178(A)/CT 02-14/CT 02-1 9/CT 03-03/PUD 02-06/CP 03-03/CUP 02-1 7/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17, 2003 Page 7 of 18 MP 178(A) - Minor Master Plan Amendment The Minor Master Plan Amendment provides an accounting and adjusts the number of residential units for each of the residential planning areas. The Master Plan limits the total number of residential dwelling units to 623 and this will not be changed by the amendment. The adjustments reduce the anticipated number of units identified in the Master Plan for Planning Areas 6, 7, 8, 9, 10 and 12 by a total of 15 dwelling units. Those 15 dwelling units are proposed to be transferred to Planning Area 11 to reach the upper limit of that planning area’s anticipated range of units. None of the densities allocated to these Planning Areas by this Minor Master Plan Amendment will exceed those allowed by the General Plan, therefore the proposed Minor Master Plan Amendment is in conformance with the General Plan. Proiect Subdivisions The subdivision of each of the planning areas determines the actual number of residential dwelling units for the Master Plan. The Master Plan established an estimate regarding how many residential units can be anticipated for each planning area within the limits of the Housing and Land Use elements of the General Plan. All of the project subdivisions are consistent with the number of residential units allowed by the Master Plan and therefore consistent with the Housing and Land Use elements of the General Plan. Development of the project infrastructure consistent with the requirements of the Master Plan and Zone 17 Local Facilities Management Plan, guarantee that the project is consistent with other elements of the General Plan like Circulation, Public Safety and Parks and Recreation. B. Bressi Ranch Master Plan (MP-l78)/Zoning/Neighborhood Architectural Guidelines for the Development of Livable Neighborhoods: City Council Policy 44 and City Council Policy 66 By adopting the Bressi Ranch Master Plan, the City Council established zoning and development standards for all property within the scope of the Master Plan. Each of the development proposals that are part of this project are subject to the Bressi Ranch Master Plan zoning, development standards and development guidelines. MP 178(A) - Minor Master Plan Amendment The proposed Minor Master Plan Amendment is in conformance with Chapter VI of the Bressi Ranch Master Plan. The Chapter requires an amendment to be processed concurrent with the subdivision of each planning area if the subdivision results in a residential unit count different than the anticipated number of units identified in the Master Plan for each Planning Area. The Minor Master Plan Amendment revises Exhibit XIV-1 of the Master Plan to show the resulting number of units in each of the planning areas. MP 178(A)/CT 02-1 4/CT 02- 19/CT 03-03lPUD 02-06/CP 03-03/CUP 02-1 7/SDP 03- 1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 8 of 18 Anticipated Distribution by Residential Units Subdivision Maps CT 02-19/CT 02-14 and PUD 02-06 - Estate Residential (PA 1l)Residential (PAS 6-10 and 12) The design of the homes, lots and streets proposed by these tentative maps are in conformance with all applicable development and design standards of the Bressi Ranch Master Plan. City Council Policy 66 regarding Livable Neighborhoods describes elements of neighborhood design which encourage walking versus car use, neighborhood identity, interesting pedestrian friendly architecture, open spaces and focal points. Building fagades should be varied and articulated. Front doors and porches should be clearly identified and facing the street to create opportunities for greater social interaction. Garages should not be a dominating element of the home facing the street. Many of these features are repeated in City Council Policy 44 regarding arc hi tec tural guidelines. Streets should be designed with great interconnectivity so that movement throughout the neighborhood is not restricted. Streets should be attractive by incorporation of curbs and sidewalks adjacent to parkways with trees. Pavement widths should be wide enough for safe vehicular movement but should not be so wide to encourage higher speeds. Parks, plazas, and other community open space should be provided throughout the neighborhood. As seen on the project plans, all of these principals have been applied to the residential planning areas of the Bressi Ranch. Chapter 10 of the Bressi Ranch Master Plan identifies general concepts for all development and specific issue resolution for each of the planning areas. Included in the master plan description of neighborhood design are the inclusion of signature elements like stone or other decorative masonry treatments on entry pilasters and wall elements, arbors and trellises, landscape and planter treatments, and pedestrian scale street lighting. The MP 178(A)/CT 02- 14/CT 02- 19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-1 7/SDP 03- 1 1 - BRESSI RANCH RESIDENTIAL September 17, 2003 signature elements will help identify various spaces within each planning area. Traffic circles may be used to visually break up longer sections of road as well as provide traffic calming. Other identified elements of neighborhood design are varying lot sizes and shapes, non- contiguous sidewalks with 7.5 foot landscaped parkways between the curb and sidewalk, traffic circles and bulbouts to calm traffic, informal and formal landscape patterns, and numerous focal points to accentuate the underlying garden district theme of Bressi Ranch. As seen on the exhibits, landscape parkways, bulbouts, and traffic circles are an integral part of the project design. Focal points have been established throughout the community by taking advantage of street line-of-sight and significant street intersections. Public gathering places have been identified in the plan as an important part of creating a “livable community.” Gathering places take the form of large common recreation space as well as smaller neighborhood parks and front porches. Combined with a sidewalk network connecting the gathering places, pedestrian movement throughout the Master Plan is encouraged. The most significant gathering place in the Bressi Ranch Master Plan is the Village Green where the majority of the community recreational facilities are provided. The Village Square, between the commercial Planning Area 15 and residential development, can serve as a venue for community events. Planning Areas 9, 10 and 12 have small active neighborhood parks. Planning Areas 7 and 8 have six small passive landscaped areas that may also serve as an informal place to meet. In keeping with the intent to encourage residents to be comfortable in their front yards and master plan common areas, the plan calls for the development of pedestrian friendly architecture. The strongest elements of the concept are locating outdoor living areas, like porches, patios and courtyards, closer to the sidewalk, including strong single story elements in the front, and locating garages in a variety of ways such as off of alleys to diminish their domination of the street scene. There are six single-family residential planning areas in the Bressi Ranch Master Plan proposed for tract production housing (Planning Areas 6 through 10 and Planning Area 12). Four architectural firms designed twenty separate floorplans, each with three architectural treatments. Consistent with the guidelines of the Master Plan and City Council Policy 44: Neighborhood Architectural Design Guidelines, the designers used elements such as entry towers, a variety of window shapes, sizes and detailing, building projections, various locations for garages, single- story floorplans and two-story floorplans with single story edges, porches, balconies, and a variety of faqade materials including brick, stone, wood, and stucco. Accent materials are included on side and rear elevations when they are visible from public street rights-of-way and alleys. In addition to the design guidelines of the master plan, each set of planning area floor plans was evaluated for compliance with the City’s Neighborhood Architectural Guidelines for the Development of Livable Neighborhoods: City Council Policy 44. The policy dictates a variety of building planes, single story homes, single story edges and architectural detail components that make the buildings interesting. The project is in full MP 178(A)/CT 02- 14/CT 02-1 9/CT 03-03/PUD 02-06/CP 03-03/CUP 02- 17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Pane 10 of 18 compliance with Policy 44. Policy 44 compliance tables are included on the architectural exhibits for each planning area. Because of the unique characteristics of any given planning area, individual design criteria was adopted in the master plan for each and are described as follows: Planning Area 6 is required to be buffered from the industrial land to the north. Some separation is provided by the intervening street that has a 72-foot right-of-way. Typical rear yard building setbacks in Planning Area 6 along its northern edge next to Gateway Center Drive are about 50 feet. A solid masonry wall will provide noise attenuation. Tree planting in the backyards of those lots along the Gateway Center Drive edge will provide additional visual buffer. As development occurs on the industrial properties, consideration will be given to building orientation and operations to reduce the impact on Planning Area 6. Planning Areas 7 and 8 are identified as neighborhoods with alley accessed garages. As such, homes have a face forward orientation that creates a strong relationship with the opposing land use across the street. Uncovered patios and visible courtyards near the public sidewalk are encouraged and are exemplified by “Plan 2” in Planning Area 7. Each of the other floor plans in Planning Area 7 includes balconies andor porches. Planning Area 8 has front porch dominated architecture. There is also the opportunity to include a front yard patiohisible courtyard on the “Spanish” Plan 1. Seven out of nine floor plan elevations are designed with front porches in Planning Area 8. Planning Area 9 is required to orient homes for views over Master Plan Open Space Area 3. To the greatest extent possible, this has been accomplished by maximizing the number of lots along the planning area outer edge. Because garages will be accessed from the street versus alleys and therefore very visible, garage orientation is to be varied. Garages are setback a minimum of 9 feet from the “most forward” livable part of the homes. One floor plan includes a porte-cochere and motor court. Garage door design will vary and different driveway treatments will further minimize the visual presence of the garages. Planning Area 11 , which is the custom estate lot planning area, is required to maximize views and be a part of the Master Plan wide pedestrian access system. Decomposed granite “trails” will replace the traditional sidewalk along the streets in Planning Area 11. A pedestrian connection is provided ‘to the Village Green. Views have been considered in the project subdivision design. Lots are oriented toward the south and southwest toward the La Costa golf course and future Alga Norte Park. Planning Area 12 is to include several unique design elements. Planning Area 12 and Planning Area 13 are joined by a common boundary. In an effort to allow for the greatest flexibility in the future design of Planning Area 13, a road connection is required at the northeast comer of Planning Area 12. This connection may ultimately never be completed, however, the design of Planning Area 12 will not preclude a future connection to Planning Area 13. 83 MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 11 of 18 Because Planning Area 12 was established at the master plan level as a neighborhood of small lots for single-family detached development, no single story homes are required by the Master Plan. However, in lieu of including a single story model in Planning Area 12,20% of the homes must have a single story dominant floor plan. In addition, discussion among the Planning Commissioners during the public hearing for the Bressi Ranch Master Plan resulted in a desire for a floor plan with the master bedroom on the ground floor. Although the ground floor master bedroom was not adopted as a standard, both of these elements have been included in the “Plan 1” within Planning Area 12. e Another condition of allowing all two-story homes in Planning Area 12 is the requirement to re- distribute those single-story homes that would have been required by Policy 44 (15% of the Planning Area total) to Planning Areas 6, 9, 10, and 1 1. As seen in Table 111, more single-story homes have been provided in Planning Areas 6,9, and 10 than the minimum required. Additional single story homes may be constructed as the future custom homes in the estate residential Planning Area 11 are developed. CT 03-03/CP 03-03 - Affordable Condominiums The “affordable housing” component of the project is located in mixed use Planning Area 15. According to the master plan, a minimum of 100 residential units are to be made available to lower income households per the “Initial Affordable Housing Agreement Imposing Restrictions on Real Property” entered into on February 20, 2003 between the City and the Master Plan developer, Lennar Bressi Ranch Venture, LLC. The applicant’s chosen product type to meet the inclusionary housing requirement is for-sale, stacked flat condominiums. Per the Master Plan, this product type and project requires the approval of a Condominium Permit in-lieu of a Site Development Plan subject to the development standards of the Planned Development Ordinance, Chapter 21.45 of the Carlsbad Municipal Code and the housing design guidelines for Planning Area 15. The guidelines include emphasizing primary building entrances along the street, de-emphasizing onsite parking by locating it behind buildings, and clearly defining pedestrian links between housing and other significant parts of the Master Plan. To the greatest extent possible, the project has been designed according to the guidelines of the Master Plan. The majority of the buildings along the street present a face forward with front doors, balconies and patios and most parking is interior to the site. Walls are not proposed to surround the project, thereby opening the site to the street and MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-17ISDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 12 of 18 sidewalk. An onsite system of pathways provides access to condominium front doors and second floor landings. The project connects into the Master Plan sidewalk system which provides pedestrian access to the Village Green, the Village Square and other residential neighborhoods. CUP 02- 17 - Village Green The Master Plan requires the Village Green to be developed with a combination of active and passive recreation facilities for all of the residents of the Bressi Ranch through approval of a Conditional Use Permit. A variety of different active uses are allowed by the Master Plan including a swimming pool and recreation building. All of the Village Green improvements must be completed prior to the occupancy of the 150th Bressi Ranch residential unit. There are no setback requirements for the Village Green. A height limit of 35 feet is established by the Master Plan. The site is designed with an Olympic-sized adult pool, children’s swimming pool, spa, community building, large grassy play areas, barbeque/picnic areas, and a rose garden. The active pool area is enclosed by a combination of solid masonry wall and open wrought iron fencing. The 3,200 square foot, 27 foot tall community building has a “Monterey” architectural style incorporating materials such as brick, stone and wood siding. An entry courtyard serves to provide additional community space. Consistent with the Planned Development Ordinance requirement for recreation area parking, more than one space per 15 residential units further than 1,000 feet from the Village Green property has been provided. There are 240 homes beyond 1,000 feet of the Village Green, therefore sixteen spaces are required. Nineteen onsite parking spaces are provided SDP 03-1 1 - Village Square As a part of Planning Area 15, the Village Square will be the focal point and public gathering place for the Village Center commercial area of the Bressi Ranch Master Plan. The Village Square will be similar in appearance and function to village squares in many of the older, traditional towns of New England. Shade trees and trellis structures along with picnic tables and benches will be provided to encourage public use. The Village Square will be large enough to accommodate small scale community events. The main components of the Village Square are a large grassy area, a gazebo, some formal pathways and planting, and a small amphitheater around a fountain. The Village Square will eventually be surrounded by single-family residential to the south, possibly higher density assisted care housing for the elderly on the west and commercial and community facilities on the north and east. C. Planned Development Ordinance The residential subdivisions (Planning Areas 6 through 10 and Planning Area 12) and the affordable housing project (Planning Area 15) are subject to the Planned Development Ordinance (Chapter 21.45 of the Carlsbad Municipal Code). The residential subdivision is MP 178(A)/CT 02-14/CT 02-19/CT 03-03RUD 02-06/CP 03-03/CuP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 13 of 18 STANDARD Minimum Lot subject to the Planned Development Ordinance as lots less than 7,500 square feet are proposed, and the affordable housing project is subject to the Planned Development Ordinance because air space condominium ownership is proposed. PERMITTED/REQUIRED PROPOSED 3,500 sq. ft. 4,061 sq. ft. minimum Table N demonstrates how Planning Areas 6 - 10 and 12, and the affordable housing condominiums in Planning Area 15 comply with the standards of the Planned Development Ordinance. I TABLE IV GENERAL DEVELOPMENT STANDARDS Applies to Planning Areas 6 through 10 and Planning Area 12 Recreational 1 Area Recreation Area Parking Vehicle Storage I Storage Space __ and Affordable Housin PERMITTED/REQUIRED 30-foot building setback fiom El Fuerte. 40-foot building setback from Poinsettia Lane. 5 spaces for the first 10 unitdl space for every 4 units thereafter. 143 guest-parking stalls are required. 200 sq. ft. per residential unit = 124,600 sq. ft. (2.86 acres). 93,450 sq.ft. as active recreation and 31,150 sq.ft. as “pocket parks .” One space for every 15 residential units further than 1,000 feet from recreation facility. 20 sq. ft. per residential unit = 12,460 sq. ft. 392 cubic feet if all is located in in Planning Area 15 PROPOSED A minimum 50-foot building setback is provided along El Fuerte. Some lots along El Fuerte will be restricted by easement to prohibit future accessory structures closer than 30 feet to the right of way. A consistent 40+ foot landscape buffer to prouertv - line is provided along Poinsettia Lane. The single-family planning areas rely on street parking, driveways longer than 40 feet and provide 868 spaces. All but 3 of the visitor parking spaces for the affordable project are provided onsite. A reduction in the onsite guest- parking standard is permitted as discussed under the Inclusionary Housing heading of this report. The Village Green = 3.97 acres; the Village Square = 1.98 acres; PA 10 park = 1.2 acres; PA 12 park = 0.35 acres. Total of significant park areas = 7.5 acres (326,700 sq.ft.). Approximately 230 residential units are further than 1,000 feet fiom the Village Green = 16 spaces required; 19 are provided. Approximately 15,250 sq. ft. will be provided in Planning Area 13 prior to occupancy of the first residential unit. All residential units will include 392 cubic feet within an enclosed parage mace. STANDARDS MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 14 of 18 b SINGLE-FAMILY STANDARDS CONTINUED Applies to Planning Area PERMITTED/REQUIRED STANDARD Maximum Lot Coverage Minimum Building Setbacks From Driveway Maximum Lot Coverage Minimum Lot Width PERMITTED/REQUIRED 60% Habitable space = 8 feet Garage = 5 feet Maximum Building Height Minimum Front Setbacks Minimum Street Side Yard Setbacks Minimum Side Yard Setbacks Minimum Rear Yard Garage Setbacks Readside Yard Number of Minimum Garage setbacks 40% of net pad lots greater than 5,000 sq.ft. 50% of net pad lots less than 5,000 sq.ft. Single-story = 60% net pad 40 feet 30 feet Porch = 8 feet Habitable = 12 foot average Side Garage = 10 feet Direct Garage = 20 feet 10 feet Lots less than 60 feet wide = 5 feet (12.5%) Lots greater than 60 feet wide = 6 feet (10%) 5 feet 18 feet by 18 feet; 15 feet by 15 feet for lots with alley access garages Two spaces 25%-33% of the homes must be plotted with the garage setback 30 feet from the property line. PA 6/10 = 37; PA 9 = 23; PA 12 = 23 MULTIPLE-DWELL1 6,7,8,9,10, and 12 All lots comply with the coverage requirements. A table is shown on the Planned Unit Development exhibits. PROPOSED Equal to or greater than 40 feet Equal to or less than 30 feet Appropriate setbacks are shown on project exhibits. Setbacks will be verified on construction documents prior to issuance of building permits. Appropriate setbacks are shown on project exhibits. Setbacks will be verified on construction documents prior to issuance of building permits. Appropriate setbacks are shown on project exhibits. Setbacks will be verified on construction documents prior to issuance of building permits. Appropriate setbacks are shown on project exhibits. Setbacks will be verified on construction documents prior to issuance of building permits. All lots meet or exceed the minimum requirement. ~~ ~~ All floor plans are designed with two or more garage parking spaces. PA 6/10 =37 PA9=24 PA 12 = 24 JG STANDARDS Applies to Affordable Housing in Planning Area 15 - - PROPOSED 30% lot coverage proposed Second floor habitable = Reduced to 5 feet as allowed per 2 1.85 and discussed under the Inclusionary Housing heading of this report Garage = 5 feet minimum MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 15 of 18 MULTIPLE-DWELLING STANDARDS CONTINUED D. Subdivision Ordinance Proiect Subdivisions The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code). All major subdivision design criteria have been complied with, including the minimum lot depth of 90 feet, provision of public access, required street frontage and the design of the project so that individual residential lots do not have street frontage or access to circulation element roads. The project is consistent with and satisfies all requirements of the General Plan, Bressi Ranch Master Plan and Title 21. Each of the proposed residential lots meets the applicable minimum lot area of 5,000 square feet for Planning Areas 6, 9, and 10 and 3,500' square feet for Planning Areas 7, 8, and 12. The developer will be required to offer various dedications (e.g., drainage easements, street right-of-way) and install street lights and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. E. Inclusionary Housing (Chapters 21.53,21.85 and 21.86 of the Zoning Ordinance) The Bressi Ranch Master Plan is required to provide affordable housing in conformance with the City's Inclusionary Housing Ordinance, Section 21.85 of the Carlsbad Municipal Code. Typically, an affordable housing development is reviewed as a Site Development Plan as required by Section 21.53.120 of the Carlsbad Municipal Code. However, the Bressi Ranch 88 , MP 178(A)/CT 02-14/CT 02-19/CT 03-03PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 16 of 18 Master Plan [Section VI(E)] adopted the alternative of reviewing housing in Planning Area 15 by a permit under the Planned Development Ordinance if one is otherwise required. Since the inclusionary housing requirement will be met through the construction of 100 affordable ownership units in a multi-family configuration in Planning Area 15, a Condominium Permit is being processed. These 100 units represent approximately 16% of the total 623 residential units in the Master Plan and are equal to 20% of the “base” 498 residential units. The site plan is proposed as a collection of ten two-story buildings, each with ten residential units. Per the requirements of the Inclusionary Ordinance, a minimum of 10% of the 100 units must be three bedroom or larger. The project is proposed with 40% of the units as three bedroom condominiums, while the remaining 60% will have two bedrooms. Each building is designed with 2 three-bedroom units and 1 two-bedroom unit on the ground floor. Each of the ground floor units has direct access to a single car garage. The remaining seven units are located on the upper floor. The buildings have been designed to mimic three single-family homes adjacent to each other. To strengthen the desired perception, each forward section of the building will have a different but similar color scheme. Vertical landscape elements planted between the “houses” will accentuate their separateness. The site will retain a sense of accessibility since there are no walls or fences proposed to enclose the site. Pedestrian access through the site is unrestricted. There are two points of vehicular access to the site. Smaller passive recreation areas are distributed into the four quadrants of the property. All of the required active recreation is provided in the Village Green as specified in Section IX(A) of the Bressi Ranch Master Plan and other parks within the Bressi Ranch. All resident parking is provided onsite. All but three of the required visitor parking stalls are provided onsite. A reduction in the required number of spaces for onsite visitor parking may be allowed as an “additional incentive”, as defined in Chapter 21.86 (Residential Density Bonus or In Lieu Incentives). There are 24 on-street parking spaces available along two project street frontages which will help to offset the onsite visitor parking reduction. Another incentive being granted to the project is a reduction by 3 feet to a habitable area setback from a driveway. The incentive allows habitable area to be located immediately above ‘and coincidental with the garage and allows the unit to be increased in size by approximately 69 square feet. The increase accommodates a 10 ft. X 1O.ft bedroom versus a 7 ft. X 10 ft. bedroom. The project meets the criteria required for additional incentives since the development includes more than 5 “affordable” units and more than 20% of the units will be restricted and affordable to low-income households. 100 % of the units will be made available to those households whose gross income does not exceed 80% of the median income for San Diego County. The project otherwise fully complies with the Planned Development Ordinance for condominium development. The required findings for compliance with the Inclusionary Housing Ordinance include consistency with General Plan goals and policies, adequacy of the site and street system, determination that the affordable units are compatible with surrounding lands uses, and that the project will not adversely impact the site or surrounding areas including traffic circulation. MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PlJD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 17 of 18 Fire Open Space Schools Sewer Collection System Water The location of the project is consistent with goals of the General Plan since it is within walking distance of future job opportunities in the non-residential portions of the Master Plan to the north and east, bus stops on Palomar Airport Road and El Fuerte Street, recreation at the Village Green and retail services in the remainder of Planning Area 15. The physical development of the project is compatible with the surrounding single-family residential and possible future assisted care residential by its design. The entire Bressi Ranch Master Plan was assessed for traffic generation based on assumed uses and the street system was designed and is being constructed accordingly. Stations No. 2 and 5 Provided pursuant to the HMP Carlsbad Unified Elementary = 132 Students Carlsbad Unified Middle School = 66 Students Carlsbad Unified High School = 8 1 Students 623 EDU Yes 137,060 GDP Yes Yes Yes Yes F. Growth Management The proposed project is located within Local Facilities Management Zone 17 in the southeast quadrant of the City. The impacts on public facilities created by the project, and its compliance with adopted performance standards, are summarized in Table V below. The proposed project is in conformance with the Bressi Ranch Master Plan dwelling unit allowance and the assumptions of the Zone 17 Local Facilities Management Plan. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). Staff prepared initial studies for the projects and concluded that no potentially significant impacts would result with the implementation of the projects that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Bressi Ranch Master Plan MP 178 (EIR 98-04), dated July 9, 2002. EIR 98-04 evaluates the potential environmental effects of the development and operation of the “Bressi Ranch Master Plan” including analysis of traffic and circulation, water quality and compliance with SB 221 and SB 6 10 regarding water availability, biological resources, and land use and associated actions inclusive of the proposed planning area projects reviewed here. MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-17/SDP 03-1 1 - BRESSI RANCH RESIDENTIAL September 17,2003 Page 18 of 18 The City Council certified EIR 98-04 on July 9, 2002. At that time CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program were approved. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 98-04 applicable to the proposed Planning Area projects have been completed, incorporated into the project design or are required as conditions of approval for the project. The EIR 98-04 “Findings of Fact and Statement of Overriding Considerations” applies to all subsequent projects covered by the Bressi Ranch Master Plan Final Program EIR. The proposed activities would have no effects beyond those analyzed in the program EIR, as they are a part of the program analyzed earlier. The proposed Master Plan Amendment is provided for in Section VI-6 of the Bressi Ranch Master Plan. The total number of Master Plan units evaluated in EIR 98-04 will not be increased. This project is within the scope of Final Program EIR 98-04 and no further CEQA compliance is required. EIR 98-04 and the respective initial studies for each application are available at the Planning Department. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Planning Commission Resolution No. 5461 CT 02-14 Planning Commission Resolution No. 5463 CT 03-03 Planning Commission Resolution No. 5464 PUD 02-06 Planning Commission Resolution No. 5465 CP 03-03 Planning Commission Resolution No. 5460 MP-178 (A) Planning Commission Resolution No. 5462 CT 02-19 Planning Commission Resolution No. 5466 CUP 02-17 Planning Commission Resolution No. 5467 SDP 03-1 1 Location Map Background Data Sheet Local Facilities Impacts Assessment Form Disclosure Statement Planning Areas Reduced Exhibits (previously distributed) Full Size Exhibits “R1 - 12” dated September 17,2003 (CT 02-14) Full Size Exhibits “R13 - 23,” “RLl - 41,” and “RA 1 - 116” dated September 17,2003 Full Size Exhibits “AH 1 - 4” dated September 17,2003 (CT 03-03) Full Size Exhibits “AHL 1 - 8” and “AHA 1 - 5” dated September 17,2003 (CP 03-03) Full Size Exhibits “ER1 - 3” and “ERL 1 - 12” dated September 17,2003 (CT 02-19) Full Size Exhibits “VG1 - 6” dated September 17, 2003 (CUP 02-17) Full Size Exhibits “VS 1 - 7”, dated September 17, 2003 (SDP 03-01 1) (PUD 02-06) CW:bd:mh Exhibit Kev: R = Residential; RL = Residential Landscape; RA = Residential Architectural; AH = Affordable Housing; AHL = Affordable Housing Landscape; AHA = Affordable Housing Architectural; ER = Estate Residential; ERL = Estate Residential Landscape; VG = Village Green; and VS = Village Square. 91 BACKGROUND DATA SHEET CASE NO: MP 178(AYCT 02-14KT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUP 02-17ISDP 03- 11 CASE NAME: BRESSI RANCH RESIDENTIAL APPLICANT: Bressi Garden Lane LLC REQUEST AND LOCATION: Request for a recommendation of approval for two Tentative Tract Maps. a Planned Unit DeveloDment, and a Condominium Permit; and apuroval of a Minor Master Plan Amendment. Tentative Tract Map, Conditional Use Permit: and Site Development Plan to allow for the redistribution of residential units within the Bressi Ranch Master Plan, the subdivision of planning areas for 523 single family lots, the development of 498 single-family detached homes, the subdivision and development of 100 affordable condominiums. the development of the Village Green common recreation area, and the development of the Village Sauare park. The project site is generally located south of Palomar Airport Road, east of El Camino Real, north of the hture extension of Poinsettia Lane, and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17. LEGAL DESCRIPTION: Lots 6, 7. 8, 9, 10, 12. 15, 16, 18, 23, and 24 of Carlsbad Tract No. 00-06 in the City of Carlsbad. County of San Diego. State of California. according to map thereof No. 14.600, filed in the office of the County Recorder of San Diego County, on May 29,2003. AF": 213-030-1 8 Acres: 435.00 Proposed No. of Lots/Units: 556 lots/623 residential units GENERAL PLAN AND ZONING Land Use Designation: RM. RLM, RMH, RH, OS, L & CF Density Allowed: 623 residential units Density Proposed: 623 residential units Existing Zone: PC Proposed Zone: PC Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site PC, RD-M, R-1 & OS RM, RLM, RMH, RH, North PC,P-M PI South PC,RLM RLM East PC, OS & C-F CF/L West PC, P-M & OS PI OS, L & CF Current Land Use Vacant Vacant Vacant Vacant Vacant PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 623 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated July 9,2002 0 Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: BRESSI RANCH RESIDENTIAL - MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-03/CUF’ 02-17/SDP 03-1 1 LOCAL FACILITY MANAGEMENT ZONE: 17 GENERAL PLAN: RLM/RM/RMH/RH/L/CF/OS/PI ZONING: PC DEVELOPER’S NAME: Lennar Garden Lane LLC ADDRESS: 5780 Fleet Street Suite 320 Carlsbad CA 92008 PHONE NO.: 760-918-8858 ASSESSOR’S PARCEL NO.: 213-030-18-00 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 585.21/623 DU A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Library: Wastewater Treatment Capacity Park: Drainage: Circulation: Fire: Open Space: Schools: Demand in Square Footage = Demand in Square Footage = Demand in Acreage = Demand in CFS = Identify Drainage Basin = Demand in ADT = Served by Fire Station No. = Acreage Provided = 2.166 sq.ft. 1,155 sq.ft. 623 EDU 4.33 acres 280 bbn99 6,030 ADT 2 and 5 186.3 acres 132 elementary school; 66 middle school; 81 hi& school Sewer: Demands in EDU 623 EDU Identify Sub Basin = 17N17B Water: Demand in GPD = 137,060 GPD The project is 125 units over the Growth Management Dwelling unit allowance. These additional units are granted by a 25% density bonus to the base 498 dwelling units. These 125 units were accounted for prior to the City Council action to reduce the available housing bank and will therefore not be deducted from the current housing bank. 93 - City of Carlsbad DISCLOSURE STATEMENT Applicant’s statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a coruoration or UartnershiD, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned coruoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person , .. - ic I 1 Title /’? ,- , 2. ) ‘ ,.’ ’ i. Title Address‘ I i i-1 -1 I-, -lq.:9;) i_‘ Address OWNER (Not the owner’s agent) Provide the COMPLETE. LEGAL names and addresses of && persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (Le, partnership, tenants in ‘common, non-profit, corporation, etc.). If the ownership includes a coruoration or Dartnershiu, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned cornoration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) person [ J ,!,; i j/;/ l.: i 1 :-: ; !.- Corppart INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- - J. ;/.-----, -- , t/ I , , ;.. I ft r: ‘/’I,” i’~; Corppart , , <‘, I ’ . , ’ ,,k ,! I,( i ;i>;j-jj;:/!,,” t-1 ’-) I ~ , 2. .. .. ’_ I Title 1- -/I ... ’ I i ./,- r / ! l : &’-- Title Address Address 94 1635 Faraday Avenue - Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 @ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonnofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profiflxust Non Profit/Tmst Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes a No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Print or type n'ame of owner / Signature of applicanvdate ;I Signature ofowner/applicant's agent if applicable/date ./ / ; / t ;,,/! i I z i Print or type name of owner/applicant's agent Print or type name of applicant H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF LENNAR HOMES OF CALIFORNIA, INC. The undersigned, being all of the members of the Board of Directors of Lennh Homes of California, Inc., a California corporation (the "Corporation"), do hereby consent, pursuant to the California Corporation Act, to the adoption of the following resolutions in lieu of a special meeting of the Board of Directors of the Corporation: . RESOLVED, that without Iimitation upon the power of the Board of Directors by resolution to confer the same or similar authority upon other officers and individuals from time to time, and without Limiting any authority otherwise conferred on Directors and vice president, USA GALLOWAY shall have the power and authority in &he name and on behalf of this Corporation to execute contracts, leases, home sale and purchase documents and closing documents on residences sold by the Company, bonds, and any and aU other documents as may be required in the ordinary course of business, and FURTHER RESOLW, that for the purpose of executing and delivering any and all instruments under the authority granted herein, LISA GALLOWAY shall be and is hereby constituted as an Authorized Agent of the Corporation. Any action taken or done pursuant to the authority herein granted shall be an act of the Corporation and binding upon it; and FURTHER RESOLVED, that all actions, transactions and deeds by LISA GALLOWAY in her official capacity in the name of or on behalf of the Corporation, are hereby ratified, confirmed and approved, Allan J. Pekor, Director DiGBessette. Director Constituting all the Directors lec-1s-02 02:48pm From-Lennar Fmlv of Bldrs LENNAR HOMES OF CALIFORNIA, INC. CERTIFICATE OF INCmEEr’CY I, Dee Bker, Assistant Secretary of Lennar Homes of California, a California Corporation, hereby terrify that the following persons bave been dilly elected and/or appoin~ed to the posirion(s) set oppositc their rcspecnve names, that said elections and/or appointments arc in full forcc and effect and, except where indicated (*), that any one of the following pcrsons is allrhorized to cxecure and deliver documents on behalf of the Corporation, DIRECTORS Diane Bcsserce Bruce Gross Smart A. Miller Leonard Miller Allan J. Pekor Officers Name Stuart A. Miller David B. McCain , BruceGToss Marc Chasman David Evans Jonathan M. Jaffe Jcff Jamcson R. Lawrcnce Oh Allan J. Pekor Jeffrey Roos Jeffrey Spitzer Roben Twmrnolo Don Larson Thomas P. Winn Bruce Crable Mark Shca Larry Thompson Robert W. Garcid Diane Bessetre Brenda Aschain* AUnn J. Pekox Grace Santaella* William Smith* Larry Thompson Greg McGuff Steven R Shepard Stephen J. Wolpin+ President & CEO Vice PrasidendGeneral Counsel Chief Financial OfficerNicc Residcnr Senior Vice President Vice President Vicc President Vice President Vice President Vicc President Vicc President Vice President Vice Prcvident Vice President Vice President Vice President Vice Presideur Assistant General Counsel Assistant Secretary conuoller Assisrat Secretary Assistant Secretary Assistam Sccretary Assistant Secrctary Assistant Secretary Assistant Secrctary/Authonzed Agent Assinanr Secrctary Assistant Secretary Name Waynewright Malcolm Thomas Banks Diane Besscne David B. McCaiO Robert W. Garcm Emile Haddad Greg McWilliams Jeffrey Panasiti Allan Quan Robert Santos Larry Thompson Michael P. whitc Richard Petersen Graham Jones Tracy Allibonc L;my Gualco Lisa Galloway Mike Levesquc Lynn Jock Dee Baker* Kathleen E. Sierra* Cindy Thompson+ Trudie Wilson* Sherrie Sarasua Thorns Shcoff Vice Presidenflreasurcr Vice President Vicc Presidcnt Secretary Vice President Vicc Resident Vice President Vice President Vice President Vice President Vice PresidedAssistant General Counsel Vicc President Vice President Vice President Vice President Vicc President Vice President Assistant Secrerary Assistant Secrctary Assistaut Secretary Assistant Secrctary Assistant Sccrerary Assistant Secrctary Assistant Secretary Assistant Secretary Authorized Agent IN WITNESS WElEREOF, I luve hereunto signed my name and signed as Assistant Secretary of Lennar Homes of California. DATED this 19th day of December 2002. LW Dee Baker, Assisrant Secretary 97 Apr-23-03 03:36pm From-LENNAR COMMUNITIES 949-598-8640 T-610 P.03/04 F-524 RESOLUTIONS OF THE BOARD OF DIRECTORS OB LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the “Corporation11) WHEREAS, the Corporation is the manager (the Corporation’s “Carlsbad Capacity”) of Lennar Bressi Carlsbad, LLC, a California limited liability company (“Carlsbad“), which Carlsbad is the manager (the Corporation’s “Lennar Bressi Capacity”) of Lennar Bressj Ranch Venture, LLC. a California limited liability company (“Lennar Bressi”); WHEREAS, the Corporation will be the manager (the Corporation’s “Camino Capacity”) of LennarILNR Camino Palomar, LLC, a California limited liability company (“Camino”), which Camino will be the administrative member (the Corporation‘s “Bressi Gardenlane Capacity”) of Bressi Gardenlane, LLC, a Delaware limited liability company (“Bressi Gardenlane”); NOW, THEREFORE, be it RESOLVED, that the Chief Executive Officer, the President, the Chief Operating Officer and Vice Presidents of the Corporation in its Bressi Gardenlane Capacity, and each of them, be, and each hereby is, authorized, empowered and directed to administer the day-to-day management, development, operation and disposition of [approximately 435 acres of land to be acquired by Bressi Carlsbad in the planned community of Bressi Ranch in Carlsbad, California (the ‘?Property”)] and, in connection therewith, to execute, deliver, file and/or perform Bressi Gardenlane’s obligations under any and all agreements, instruments, documents, consents, certificates, notices, applications and requests in any way relating thereto and any amendments thereof (including, without limitation, maps and plats, entitlement agreements, easements, declarations of covenants and restrictions, re-zoning applications and agreements, utility agreements, development agreements, construction and architects agreements, engineering agreements, leases, management and operating agreements, repair and maintenance agreements, contracts of purchase and sale and conveyance closing documents relating to the Property or any portion thereof), and to do or take all such acts, actions and things and to pay such costs, expenses and taxes as in such officer’s or officers‘ sole discretion shall be deemed necessary, desirable or appropriate in connection with or incidental to and/or to facilitate the day-to-day operation, management, development and disposition of the Property and the transactions and actions contemplated by this resolution; RESOLVED, that the Chief Executive Officer, President, Chief Operating Officer and Vice Presidents of the Corporation, each of them, be, and each hereby is, authorized, empowered and directed to take all such further action and to execute and deliver a11 such further agreements, instruments and oiher documents in the name and on behalf of the Corporation in its own right, its Carlsbad Capacity, its Lema Bressi Capacity, its Camino Capacity or its Bressi 1 Apr-23-03 03 :36pn From-LENNAR COW1 TIES 949-598-8640 T-610 P.02/04 F-524 CERTIFICATE OF ASSISTANT SECRETARY OF LENNAR HOMES OF CALIFORNIA, INC., MANAGER OF LENNAWLNR CAMINO PALOMAR, LLC, ADMINISTRATIVE MEMBER OF - BRESSI GARDENLANE. LLC The undersigned, Dee Baker, as Assistant Secretary of LEWAR HOMES OF CALIFORNIA, INC., a California corporation ("Manager") and the manager of LENNAR/LNR CAMINO PALOMAR, LLC, a California limited liability company ("Administrative Member") ' and the administrative member of BRESSI GARDENLANE, LLC, a Delaware limited liability company (the Tompany"), does hereby certify on behalf of Manager as of the date hereof that attached hereto is a true, correct and complete copy of certain resolutions duly and unanimously adopted by the Board of Directors of Manager by Written Consent thereto, which resolutions have not been amended OT repealed and remain in full force and effect. The undersigned does hereby further certify on behalf of Manager that Lisa Gallowav and DeeBaker are each a duly elected Vice President of Manager and Assistant Secretary of Manager, respectively, and are incumbent in such office. IN WlTNESS WHEREOF, the undersigned has signed this Certificate as Assistant. Secretary on behalf of Manager as of the 23 day of April, 2003. r,L Dee Baker, Assistant Secretary 99 Apr-23-03 03 :37pm From-LENNAR COMUN IT1 ES 949-598-8640 T-610 P.D4/04 F-524 Gardenlane Capacity, and to pay any and all such expenses and taxes, as in such officer's or officers' soIe and absolute judgment shall be deemed to be necessary, proper or advisable in order to fully carry out the intent and accomplish the purposes of the foregoing resolutions, and each of them; RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing resolutions, and each of them, by the Chief Executive Officer, the President, the Chief Operating Officer or any Vice President of the Corporation in the Corporation's own right, its Carlsbad Capacity, its Lennar Bressi Capacity, its Camino Capacity or its Bressi Gardenlane Capacity be deemed, and it hereby is authorized and empowered to be deemed, conclusive proof of the approval thereof by this Board of Directors; and RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby are, approved, ratified and confirmed in all respects. 2 PtANWG AREAS I, I\ ii Planning Commission Minutes EXHIBIT 6 Page DRAFT September 17,2003 2. MP 178(A)/CT 02-14/CT 02-19/CT 03-03/PUD 02-06/CP 03-031CUP 02-17ISDP 03-1 1 - BRESSI RANCH RESIDENTIAL - A determination that the project is within the scope of the Bressi Ranch Master Plan Final Program EIR approved earlier and that the program EIR adequately describes the activity for the purposes of CEQA; a request for a recommendation of approval for two Tentative Tract Maps, a Planned Unit Development, and Condominium Permit; approval of a Minor Master Plan Amendment, Tentative Tract Map, Conditional Use Permit; and, Site Development Plan to allow for the redistribution of residential units within the Bressi Ranch Master Plan, the subdivision of planning areas for 523 single-family lots, development of 100 affordable condominiums, development of the Village Green common recreation area, and the development of the Village Square park. The project site is generally located south of Palomar Airport Road, east of El Camino Real, north of the future extension of Poinsettia Lane, and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17. Mr. Neu introduced Item 2 and stated that Senior Planner, Christer Westman, would make the presentation. Chairperson Baker declared that the Planning Commission had received an errata and a second errata on this project. Chairperson Baker opened the public hearing on Item 2. Senior Planner, Christer Westman, presented the Staff Report with a PowerPoint presentation that showed maps and aerial photographs of each of the planned areas of the Bressi Ranch development. He stated that this project was the first new large-scale development in Carlsbad to implement City Council Policy 66 which is the principals for the development of livable neighborhoods. The major points of this policy include the following: 0 Walkable Neighborhoods 0 Landscaped Parkways 0 Varied Architecture o Alleys o Recessed Garages o Porches 0 Centralized Community Recreation Mr. Westman stated that the project scope included the following: 0 0 0 0 0 0 Single Family Residential - CT 02-14 / PUD 02-06 “For Sale Affordable” Condominiums - CT 03-03 / CP 03-03 Estate Lot Subdivision - CT 02-19 Recreation at the Village Green - CUP 02-1 7 Gathering at the Village Square - SDP 03-1 1 Master Plan Amendment - MP 178(A) Mr. Westman indicated that the area was being graded according to the initial maps that were approved and that the project scope included the residential planning areas 6-10 and 12, with a map under consideration for planning area 11, the estate lots. He stated that there was also an affordable housing component to this project as well as two open community space areas. He explained that the minor Master Plan Amendment was to move some of the residential lots from the standard lot subdivisions reducing those and putting them into the estate lot area, increasing those to 25. Mr. Westman reviewed the planning areas as follows: Plannina Areas 6 and 10 147 Residential Lots Average Lot Size: Minimum Lot Size: Maximum Lot Size: 6 floor plans Single Story Two Story 8,700 square feet 5,800 square feet 20,100 square feet Planning Commission Minutes September 17, 2003 Page 7 e e e e e e e e e e e e e e e e e e e e e e e e e e e 0 e e Floor Areas o 2,544 sq.ft. . 4 bedroom . 3 bathroom . 4 bedroom . 4.5 bathroom 0 4,594 sq.ft. Garages o TWO o +One Planning Area 7 95 Residential Lots Average Lot Size: Minimum Lot Size: Maximum Lot Size: 4 floor plans Two Story Floor Areas 4,900 square feet 3,900 square feet 9,100 square feet o 2,369 sq.ft. 3bedroom . 2.5 bathroom . 4bedroom o 2,651 sq.ft. 3.5 bathroom Alley access Garages o TWO Plannina Area 8 95 Residential Lots Average Lot Size: Minimum Lot Size: Maximum Lot Size: 8,400 square feet 3 floor plans Two Story Floor Areas 5,900 square feet 4,900 square feet o 2,720 sq.ft. . 4 bedroom . 3 bathroom . 5 bedroom . 3.5 bathroom o 3,094sq.ft. Alley access Garages o TWO o +One Plannina Area 9 70 Residential Lots Average Lot Size: Minimum Lot Size: Maximum Lot Size: 3 floor plans Single Story Two Story Floor Areas 9,600 square feet 7,100 square feet 15,900 square feet o 3,350 sq.ft. Planning Commission Minutes September 17,2003 Page 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . 4 bedroom . 3.5 bathroom . 4 bedroom . 4.5 bathroom o 4,000 sq.ft. Garages o TWO o +TWO Planning Area 12 91 Lots Average Lot Size: Minimum Lot Size: Maximum Lot Size: 4 floor plans Two-Story Floor Areas 5,700 square feet 4,100 square feet 11,000 square feet o 2,095 sq.ft. . 4 bedroom . 3 bathroom . 5 bedroom . 3 bathroom o 2,612 sq.ft. Garages o TWO Affordable Housing is in Planning Area 15 - CT 03-03 / CP 03-03 100 Condominium Units o 60 two-bedroom / one-bathroom 863 to 1,026 square feet o 40 three-bedroom / two-bathroom . 1 ,100 square feet o Single Car Enclosed Garage 2 Floor Plans Single Level Patios Balconies Front Doors Estate Lot Subdivision (Staff Requests a Continuance to a Date Uncertain) CT 02-1 9 Villaqe Green CUP 02-1 7 4 acres - open space component Parking: o 19 onsite spaces o +street Olympic pool Wading pool Whirlpool Sports lawn Garden Picnic tables 3,200 square feet Community Room Courtyard Kitchen BBQ Planning Commission Minutes September 17,2003 Page 9 Outdoor fireplace e Showers e Changing rooms Villaae Sauare SDP 03-1 1 2 acres - open space component Street parking Event lawn Gazebo Grassy Amphitheater Water feature Picnic benches Seating Commissioner Segall noted that the styles of the homes did not carry around to the back of the homes, and the rear elevations did not vary widely. He commented that the corner lot homes also had the unenhanced sides and asked Mr. Westman to comment on this. Mr. Westman said that Staff had worked with the applicant to vary the rear elevations as the Planning Commission had previously requested. He stated that there may need to be further modifications. Commissioner Segall asked Mr. Westman to comment on the street scene in the alleys, as Carlsbad had never had alleys. Mr. Westman stated that for each of the alley products in the Bressi Ranch the garage faces the alley, setback around five feet. The garages stand alone as a single-story element. Beyond the garage is a two-story house. Because of the reduced access area, a two-story building would be too crowded. Landscaping would be provided adjacent to the alley and in between the homes. Some portion of the yard space would be enclosed. The intent was for the alleys to become smaller streets with landscaping with single-story elements. Mr. Wickham added that they had looked at each issue carefully, including ribbon drains, concrete strips, and they looked at concrete versus asphalt. They felt the asphalt was softer. The alley is 20 feet with the buildings set back five feet. There is enough room to pull an SUV in a garage. Commissioner Segall stated that it wouldn’t, therefore, be a canyon effect. Mr. Westman confirmed that. Commissioner Segall observed that the plans are on one side of the street and the reverse on the other. He suggested that it would be architecturally more interesting to have the reverse plans interspersed on both sides of the street. Mr. Westman stated that adding the reverse would add visual variety, although there may be some constraints to some of the lots, but he noted that Staff had not fully analyzed that possibility. Commissioner Whitton asked if the alleys would be lit. Mr. Wickham replied that they would not, adding that lighting would be installed only at the alley entrances. He stated that lit alleys would be a nuisance in backyards. Commissioner Whitton asked if there would be lighting on the back of the garages. Mr. Wickham stated that he presumed homeowners would add that type of lighting. Chairperson Baker asked what the orientation would be of the rear fences. Mr. Westman responded that they had a concept plan that was developed to move the fence back from the face of the garage to create a separation and improve the visual impact when looking down the alley. Commissioner Heineman expressed concern about the 5-ft fences being inadequate for screening or security, especially in an upscale project such as this. Commissioner Montgomery asked Staff to pass along his concern to the applicant regarding CT 02-19 that there is an edge condition existing between Bressi Ranch and La Costa Greens that if not properly graded will end up being a 904 slope. He noted that the intent was for the slope to be around 50 feet and screened with homes. Commissioner Whitton expressed concerned about the depth of the porches on these homes. In particular, he noted that six feet would allow very little room to move around once furniture was added. He stated that it did not seem consistent with the look of the homes. Mr. Westman confirmed that they were six feet in depth, but some were nine feet deep. Planning Commission Minutes September 17,2003 Page 10 Commissioner Segall asked if Council Policy 66 required usable porches. Mr. Westman stated that there wasn’t a defined specific porch size, but that six feet is typical for both balconies and porches. Commissioner Dominguez asked for elaboration on the geotechnical caution on the errata sheet. Mr. Wickham stated that the caution was a hold harmless statement. He stated that there was fill in the area and that there had been landslides. Such information was passed on to potential buyers in any subdivision that had geotechnical and hydrology issues. Commissioner Dominguez asked how they were assuring that the buyers were aware of these issues. Mr. Wickham explained that after the project had been graded, a geotechnical engineer would sign off on it, indicating where the subdrains were, the stability issues and recompaction were, and any of the technical issues that could affect geotechnical performance at the site. He noted that artesian wells, for example, are often uncovered and have to be drained properly and the buyers informed of that. Commissioner White asked how the information was provided to potential buyers. Mr. Wickham stated that there would be a grading plan after the job was finished with all of these elements portrayed and would be on file with the City Engineer. Mr. Neu added that the note was typically the last sheet of the final map that records and creates the legal parcels, so it would be referenced in all the title reports. The note was to notify the prospective purchaser that the developer had indemnified the City and, therefore, any liability for any geotechnical issues would be with the developer and not with the City of Carlsbad. Chairperson Baker reiterated the question of how the potential homeowner would be made aware of this report. Mr. Wickham replied that it wasn’t always picked up by the title companies, but it always would be on the recorded map that is part of a package that homeowners get when they close escrow and buy a parcel, on the last final sheet. He clarified that the note on the errata sheet was not the addendum, the addendum was the emboldened text pertaining to Planning Area 12. Commissioner Segall asked what the origins were of the street names in this project. Mr. Westman explained that the City had a policy for naming streets. The street names for Bressi Ranch had to be famous gardens or garden themes. Commissioner Segall asked if there was an opportunity for the Planning Commission to suggest other names if they felt it was appropriate. Mr. Westman reviewed the process of street naming, stating that the applicant typically would submit three choices and the names were chosen at the final map stage. If the first choice was consistent with policy, had not been used previously, and was easy to understand, then that request would be granted. He pointed out that there was no procedure for the Planning Commission to review the street names, and suggested that if there was an objection to any of them, it could be brought to the attention of the applicant at this time. Commissioner Segall commented that the alignment of some of the streets was confusing, such as Abby Drive in Planning Area 6 is a horseshoe street, Dunham in Planning Area 10 is an L-shaped street, and Calloway in Planning Area 8 goes into Altamont. He felt that the dual intersections created confusion, particularly for emergency responders. Mr. Westman stated that this project had not gone through the formal street-naming process yet. Commissioner Whitton stated that he also shared the concern about the street names. He then read from Policy 66, regarding porches, “Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians.” He noted that no size for porches was decreed. Commissioner Segall addressed the Pasadena driveway issue stating that they are successful when the driveway is narrow enough and a driver cannot go off center. He shared that in the area where he lives the driveway was wide enough that the Pasadena style patch, which everyone thought was a really unique feature when they bought their homes, was filled in within months after people moved in, because they are not feasible with sprinklers or grass. He suggested that if a project used Pasadena driveways, that they be narrow enough to prevent driving off center. Otherwise, he felt that they would lose an architectural enhancement when people filled them in. He also commented about the garage doors in Planning Area 6 and 10, Plan 2, where there was a two-car garage with a post dividing the cars in the center. It appeared that they were 8-ft garages on each side. He observed that a large vehicle such as an SUV cannot be parked in the garage because the mirrors extend beyond the 8-ft area. He admonished the builders to be mindful of this design considering how many people have SUVs these days. He further noted that to park an RV you could pull in straight and park on one side, but the parking stalls are reversed on the opposite side, so it doesn’t appear to be functional on one side or the other. Planning Commission Minutes September 17, 2003 Page 11 Mr. Westman responded that he was not familiar with RV parking needs and that the applicant could address this issue in his presentation. Commissioner Heineman agreed with Commissioner Segall’s remarks about the Pasadena driveways adding that they were common in the Midwest where he had lived and they were the poorest excuse for a driveway that he had ever seen. He urged the developer not to put them in. Mr. Westman informed the Planning Commission that the Planned Development Ordinance specifically stated that Pasadena driveways were supposed to be included in this project. Commissioner Segall clarified that he wasn’t objecting to them if they were designed so that a driver could not go off center and the sprinkler pads were designed so that they would not get crushed if one did go off center. Commissioner Montgomery asked if the Bressi Ranch HOA would restrict the use of the community facilities in the Village Greens development to homeowners. Mr. Westman stated that Staff assumed that Village Square would be open to the public, but the applicant could address that in his presentation as well. Commissioner Whitton stated that the developer’s promotional materials for these homes should show two full garages and one less-than-full-size garage, in the interest of fair disclosure. He mentioned the noise issue with the nearby airport. He added, for the record, that he was against Pasadena driveways, also. Commissioner Segall asked if there would be a discussion on landscaping as part of the applicant‘s presentation. Mr. Westman replied that there would be a component regarding some of the garden- theme features, but not on specific landscape plans. Commission Segall stated that he would like to know the size of the trees in the community facilities and in the parkways. Commissioner Whitton stated that it appeared in the plans in some areas where there were views to prospective home buyers there would be trees that over time would restrict the view of the occupants. He stated that in spite of there not being a view ordinance in Carlsbad there was no point in creating a problem by adding view-obstructing trees. He stated that trees were planted for aesthetic purposes as well as to preclude erosion, but some shrubs with expansive root systems could impede erosion. He stated that he would like this considered when the final landscaping is done. Chairperson Baker asked what the rule was about putting plans on lots, such as, how many in a row could they have of Plan 3, for example. Mr. Westman stated that there was nothing in City Ordinance regarding that, but typically through the review process they notice such placements and try to ensure a dispersing of different plans. Chairperson Baker stated that she had noticed in some of the planning areas that there would be two of one plan in a row. She noted that they would no doubt be different styles, but asked if they would be reversed or different in some other way. Mr. Westman replied that they did not have any plans that showed what architectural style was associated with a certain floor plan. He suggested that that could be examined during the plan check process so that that did not occur. Chairperson Baker asked to what degree the developer had to abide by the plans that the Planning Commission had received for this project. Mr. Westman stated that the Planning Department had created a policy regarding changes to approved plans with 10-12 different points that had to be addressed dealing with the significance of the change, for example, and if it intensified land use or not, increased the height of the house, or increased floor area. If the requested change didn’t meet each of the points, then the applicant would be required to apply for a formal amendment through the Planning Commission, but typically there is a ten percent rule. Commissioner White asked where the house was in Planning Area 12 that had a single-story element. Mr. Westman stated that the side elevation was shown on pages 235 and 236. The concentration of the two-story element is in the middle of the house. RECESS: Chairperson Baker called a brief recess at 7:30 p.m. MEETING CALLED TO ORDER: lo 7 Planning Commission Minutes September 17,2003 Page 12 Chairperson Baker called the meeting back to order at 7:40 p.m. with all Commissioners present. Chairperson Baker invited the applicant to make a presentation. Larry Clemons, representing Lennar Communities, 5870 Fleet Street, Suite 320, Carlsbad, thanked Mr. Westman and Mr. Wickham for their efforts in coordinating this proposed project. He thanked the Commissioners for allowing them to consolidate the package and for reading the book. He stated that their philosophy has been to plan, construct, and open the Bressi Ranch Residential Community all at the same time, with neighborhoods under construction, parks in place, affordable housing under way, all of the backbone infrastructure in place, and the thematic garden district landscaping leading the way. This approach is very beneficial in terms of a new community starting with little left to the imagination and good for the City as it will have new infrastructure in place immediately and not have to wait over the years for a more conventional phasing plan. But this does require extra effort in the initial processing and approvals and will require very careful construction and execution. Mr. Westman and Mr. Wickham have explained the details of their requested approvals, so he stated that he would be brief in his presentation, but would touch on a few areas that go beyond the plans themselves. DISCUSSION Chairperson Baker asked for a motion. MOTION ACTION: Motion by Commissioner White, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. Chairperson Baker called for a vote. VOTE: 7-0 AYES: NOES: None ABSTAIN: None Baker, Dominguez, Heineman, Montgomery, Segall, White, and Whitton PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS, California This 1- Day of October, 2003 This space is for the County Clerk’s Filing Stamp Proof of Publication of ll ~ ~__ Signature NORTH COUNTY TIMES Legal Advertising SITE BRESSI RANCH RESIDENTIAL CT 02-1 4/PUD 02-06/CT 03-03/CP 03-03 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, October 28, 2003 to consider a determination that the project is within the scope of the Bressi Ranch Master Plan Final Program EIR approved earlier and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of two Tentative Tract Maps, a Planned Unit Development, and Condominium Permit; to allow for the subdivision of planning areas for 523 single-family lots, development of 498 single-family detached homes, and subdivision and development of 100 affordable condominiums. The project site is generally located south of Palomar Airport Road, east of El Camino Real, north of the future extension of Poinsettia Lane, and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17 and more particularly described as: Lots 6, 7, 8, 9, 10, 12, and 16 of Carlsbad Tract No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14600 filed in the office of the County Recorder of San Diego County May 29,2003 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after October 24, 2003. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. The time within which you may judicially challenge these Tentative Tract Maps, Planned Unit Development, and/or Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Maps, Planned Unit Development, and/or Condominium Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerks Office, 1200 Carlsbad Village Drive, at or prior to the public hearing. CASE FILE: CT 02-1 4/CT 03-03/PUD 02-06/CP 03-03 CASE NAME: BRESSI RANCH RESIDENTIAL PUBLISH: FRIDAY, OCTOBER 17,2003 CITY OF CARLSBAD CITY COUNCIL SITE BRESSI RANCH RESIDENTIAL CT 02-1 4/PUD 02-06/CT 03-03/CP 03-03 Smooth Feed SheetsTM Use template for 51408 CARLSBAD UNlF SCHOOL DlST 6225 EL CAMINO REAL CARLSBAD CA 92009 SAN MARCOS CA 92069 ENCINITAS CA 92024 SAN MARCOS SCHOOL DlST 1 CIVIC CENTER DR ENClNlTAS SCHOOL DlST 101 RANCHO SANTA FE RD SAN DlEGUlTO SCHOOL DlST 701 ENCINITAS BLVD 1960 LA COSTA AVE 1966 OLIVENHAIN RD ENClNlTAS CA 92024 CARLSBAD CA 92009 ENClNlTAS CA 92024 LEUCADIA CNTY WATER DlST OLIVENHAIN WATER DlST CITY OF ENClNlTAS 505 S VULCAN AVE ENClNlTAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 CITY OF SAN MARCOS 1 CIVIC CENTER DR CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 + SAN MARCOS CA 92069-2949 LC VALLECITOS WATER DlST I.P.U.A. SCHOOL OF PUBLIC ADMIN AND 201 VALLECITOS DE OR0 URBAN STUDIES SAN MARCOS CA 92069 SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SANDIEGO CA 92123 9174 SKY PARK CT 5201 RUFFIN RD REGIONAL WATER QUALITY STE 100 STE B SAN DIEGO CA 92123-4340 SAN DIEGO CA 92123 SD COUNTY PLANNING LAFCO AIR POLLUTION CNTRL DlST 1600 PACIFIC HWY 9150 CHESAPEAKE DR SAN DIEGO CA-92101 SAN DIEGO CA 92123 7 --. U.S. FISH &WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 7575 METROPOLITAN DR CA COASTAL COMMISSION STE 103 SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B SXREET SAN DIEGO CA 92101 ATTN TED ANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY PUBLIC WORKS/ENGINEERING MUN IC1 PAL WATER DISTRICT SERVICES DEPT CITY OF CARLSBAD PROJECT PLANNER CHRISTER WESTMAN 09i24i2003 aAVERY@ Address Labels Laser 5160@ Momow Development, Inc. 1903 Wright Place Suite 180 Carlsbad, CA 92008 JOHN ROBLES 6494 PASEO LAZO CARLSBAD CA 92009 BAILEY NOBLE 5470 LOS ROBLES DR CARLSBAD CA 92008 RUTH ANDERSON 3040 RANCHO LA PRESA CARLSBAD CA 92009 MARY PALMER 6232 PASEO COLINA CARLSBAD CA 92009 CARRILLQ RANCH HOA 2237 FARADAY AVENUE SUITE 100 CARLSBAD CA 92008 BRUCE ESBIN 3040 RANCHO LA PRESA CARLSBAD CA 92009 General American Life Ins Co A Missouri Corporation 333 South Hope Street #2950 Los Angeles, CA 90071 Bressi Gardenlane, LLC 5780 Fleet Street, Suite 320 Carlsbad, CA 92008 RON PLACHNO 6223 PASEO COLINA CARLSBAD CA 92009 DAVID RICKER -4009 CANARIO CARLSBAD CA 92009 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, [DATE], to consider a determination that the project is within the scope of the Bressi Ranch Master Plan Final Program EIR approved earlier and that the program EIR adequately describes the activity for the purposes of CEQA; and a request for approval of two Tentative Tract Maps, a Planned Unit Development, and Condominium Permit; to allow for the subdivision of planning areas for 523 single-family lots, development of 498 single-family detached homes, and subdivision and development of 100 affordable condominiums. The project site is generally located south of Palomar Airport Road, east of El Camino Real, north of the future extension of Poinsettia Lane, and west of the future extension of El Fuerte Street in Local Facilities Management Zone 17 and more particularly described as: Lots 6, 7, 8, 9, IO, 12, and 16 of Carlsbad Tract No. 00-06 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14600 filed in the office of the County Recorder of San Diego County May 29,2003 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after [DATE]. If you have any questions, please call Christer Westman in the Planning Department at (760) 602-4614. The time within which you may judicially challenge these Tentative Tract Maps, Planned Unit Development, and Condominium Permit, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Maps, Planned Development, and/or Condominium Permit in court, you may be limited to raising only t issues you or someone else raised at the public hearing described in this notice or in WI correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 02-141CT 03-03/PUD 02-06/CP 03-03 CASE NAME: BRESSI RANCH RESIDENTIAL PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL hit ose tten SITE BRESSI RANCH RESIDENTIAL CT 02-1 4/PUD 02-061CT 03-03/CP 03-03 October 28,2003 TO: CITY COUNCIL VIA: City Manager FROM: Planning Department CT 03-03 - BRESSI RANCH Following is suggested language to include as a new condition for the project: The Developer shall post notices at key locations on Lot No. 5 of CT 03-03 to the satisfaction of the Planning Director disclosing that the property will be developed in the future as a commercial retail center. Christer Westman Senior Planner CW:bd