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HomeMy WebLinkAbout2004-10-20; Planning Commission; Resolution 57531 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. 5753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING SUBDIVIDE A 156.72 ACRE SITE INTO 105 RESIDENTIAL APPROVAL OF CARLSBAD TRACT CT 00-18 TO LOTS, ONE MULTI-FAMILY LOT, SEVEN OPEN SPACE LOTS, SIX HOA-MAINTAINED LOTS, AND TWO REMAINDER PARCELS TOTALING APPROXIMATELY ONE ACRE ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO: CT 00-18 WHEREAS, Bentley Monarch LLC, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners “Owners,” described as That portion of Lot “B” in Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16,1896, described in a Grant Deed recorded July 9, 1962 as File/Page No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19,1965 as File/Page No. 210231 of Official Records. Also including portions of Lot “D” and “E” of said Map No. 823, described in a Grant Deed recorded September 7, 1995, as Doc. # 1995- 00100176 of Official Records. Also including a portion of Lot “B” of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits “A” - “11” dated October 20, 2004, on file in the Planning Department CANTARINI RANCH - CT 00-18, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October, 2004, hold a duly noticed public hearing as prescribed by law to consider said request; and 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 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: 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 CANTARINI RANCH - CT 00-18, based on the following findings and subject to the following conditions: Findinm: 1. 2. 3. 4. 5. 6. 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 project is consistent with all requirements of Titles 20 and 21 governing lot size and configuration and has been designed to comply with all applicable City regulations, including the General Plan and the Sunny Creek Specific Plan (SP 191). That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for open space and residential development on the General Plan with a comparable density. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 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 lots are oriented to allow for solar exposure and take advantage of prevailing breezes. PC RES0 NO. 5753 -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 7. 8. 9. 10. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project will implement all required mitigation measures contained in EIR 02-02 and the Mitigation Monitoring and Reporting Program for the Cantarini Ranch/Holly Springs Joint EIR. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan and Specific Plan SP-191 based on the facts set forth in the staff report dated October 20, 2004, incorporated herein by reference. a. Land Use - The project is consistent with the City’s General Plan since the proposed density of 0.93 du/ac for the single-family residential development is within the density range of 0 - 4 du/ac (RLM) and the proposed density of 12.88 du/ac for the multi-family site is within the density range of 8-15 du/ac (RMH) specified for the site as indicated in the Land Use Element of the General Plan. The Open Space (OS) land use designation is being applied to the hardline preserve areas, consistent with the City’s draft Habitat Management Plan. The proposed density of the project’s single-family component is below the Growth Management Control Point (GMCP) of 2.88 assigned to properties within SP 191 and 3.2 du/ac for other RLM designated properties used for the purpose of calculating the City’s compliance with Government Code Section 65584. However, consistent with Program 3.8 of the City’s certified Housing Element, all of the dwelling units which were anticipated toward achieving the City’s share of the regional housing need that are not utilized by developers in approved projects are deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects and some units have been transferred to the multi-family site. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City’s share of the regional housing need. PC RES0 NO. 5753 -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 The density of the multi-family site (12.88 du/ac) is above the GMCP of 11.5 du/ac allocated to the RMH land use designation. However, transferring the allowable project density to the multi-family site is consistent with the City’s Housing Element provisions to allocate excess dwelling units to other properties for the purpose of providing affordable housing. b. Circulation - The project will be required to construct College Boulevard Reach “A” and new public streets from College Boulevard in order to provide access to the site. c. Housing - 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 19 affordable housing units in the Cantarini Ranch combined off-site affordable housing project in order to satisfy its 15% inclusionary housing requirement. d. Open Space and Conservation - The proposed open space preserve areas are “equal to or better” than the “hardline areas” identified in the City’s draft Habitat Management Plan and these open space areas will be managed by an appropriate conservation entity with adequate funds for long-term biological management consistent with the HMP. 1 1. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 15 as amended herewith 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. 12. 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. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 15. PC RES0 NO. 5753 -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. 19. 20. 21. 22. That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 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. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City’s General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City’s Habitat Management Plan. That the City has adopted a Citywide Trails Program and a segment of the trail network is associated with this project. The applicant shall prepare and submit a trail plan for approval by the Park and Recreation Director prior to construction. Construction shall be inspected to ensure conformity with the Standards for Design and Construction of Public Works Improvements in the City of Carlsbad (“Standards”); Trail Construction Standards; and the approved plans. That the property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the panhandle lot configuration is desired to reduce grading impacts to sensitive vegetation communities, to maintain the natural topography and ridgelines of the property, and to provide a rural estate character in accordance with the Sunny Creek Specific Plan. That subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that the proposed public streets provide access to adjacent properties and the lot sizes are such that no future subdivisions will occur. That the buildable portion of Lots 27, 38, 43, 60, 71, 75, 76, 104, 108 and 109, excluding the panhandle, consists of over one-half acre, which meets the requirements of Section 21.1 O.O8O(c) of the Carlsbad Municipal Code. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are as shown on Exhibits “E, K, M, N and P.” That any panhandle lot hereby approved satisfies all the requirements of Section 2 1.10.080(d) of the Carlsbad Municipal Code. PC RES0 NO. 5753 -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 23. 24. That the subdivision is consistent with the development standards of SP 191 including: 1) preserving the rural and natural characteristics of the area; 2) designing property lines in keeping with the natural terrain by following natural drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3) by creating buildable lots with usable access without undue alteration of the terrain. 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: 1. 2. 3. 4. 5. 6. Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 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. 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. 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 shall implement, or cause the implementation of, the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the Calavera Hills Master Plan Phase 11, Bridge and Thoroughfare District No. 4, & Detention Basins EIR (EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction PC RES0 NO. 5753 -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 7. 8. 9. 10. 11. 12. 13. of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and associated drainage improvements. 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 Planning Department a reproducible 24” x 36” mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. 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 15 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. This approval is granted subject to the certification, adoption and approval of the Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, SDP 01-10, HDP 00-09, and SUP 00-09, and is subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, 5751, 5752, 5754, 5755 and 5756 for those other approvals incorporated herein by reference. As a condition of this approval, applicant must comply with the requirements of all regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable PC RES0 NO. 5753 -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 populations of certain species thereof, in accordance with the City’s adopted Habitat Management Plan. 14. Prior to the recordation of the Final Map(s), the Developer shall execute a document or documents, to the satisfaction of the Planning Director and the City Attorney, in relation to the open space habitat Lots 15,56,79,116,117,118 and 119 to ensure the following: a. Select a conservation entity, subject to the approval by the Planning Director, that possesses the necessary qualifications to hold title to the open space lots and ensure management of the open space lots for conservation purposes. Prepare a Property Analysis Record (PAR) or other method acceptable to the .Planning Director for estimating the costs of management and monitoring of the open space lots in perpetuity. b. c. Based on the results of the PAR, provide a non-wasting endowment, or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, to the selected conservation entity in an amount sufficient for management and monitoring of the open space lots in perpetuity. d. Transfer fee title to the open space lots to the selected conservation entity, or execute a document to ensure the future transfer of ownership of the open space lots along with the non-wasting endowment, to the City or its designee, to provide for the management, monitoring, and conservation of the open space lots in perpetuity consistent with the Carlsbad HMP. 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, which provide some benefits to wildlife, as documented in the City’s Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. The fee becomes effective following final approval of the Habitat Management Plan. The City is currently updating the fee study, which is expected to result in an increase in the amount of the fee. If the Habitat Management Plan is approved, then the Developer or Developer’s successor(s) in interest shall pay the adjusted amount of the fee. The fee shall be paid prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any an all approvals for this project shall become null and void. 16. 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 to provide nineteen (19) affordable housing units in the Cantarini Ranch 80-unit apartment project in accordance with the requirements and process set forth in Chapter 21 35 of the PC RES0 NO. 5753 -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 17. 18. 19. 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. 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. 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. Native plants shall be used adjacent to the open space areas to the greatest extent feasible. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Department and accompanied by the project’s building, improvement, and grading plans. Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions for the single-family residential development. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs 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 Citv. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. C. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article 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. , Section PC RES0 NO. 5753 -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 20. 21. 22. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal 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 hidher respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit -. f. An exhibit shall be provided to each property owner showing the fire suppression zones, approved fence locations, and maintenance responsibility area for their lot. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 15, pursuant to Chapter 21.90. All such taxedfees shall be paid at issuance of building permit. If the taxeslfees are not paid, this approval will not be consistent with the General Plan and shall become void. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the Planning Director, in the future 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. Developer shall post a sign in the future 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. PC RES0 NO. 5753 -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 23. 24. 25. 26. 27. 28. 29. Prior to the recordation of the first final tract map, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor (College Boulevard), 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 recordation of the first final tract map, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating fiom 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). Developer shall post aircraft noise notification signs in all future 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 recordation of the first final tract map, the Developer shall prepare and record a notice that this property is in proximity to Carlsbad Unified School District land, located at the northeast intersection of College Boulevard and Cannon Road, and that this property may be developed as a future school facility. Such notice shall be prepared in a form meeting the approval of the Planning Director and City Attorney. 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, Site Development Plan, Hillside Development Permit and Special Use Permit by Resolutions No. 5753, 5754, 5755 and 5756 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 maps, an open space easement for those portions of Lots 15, 56, 79, 116, 117,118 and 119 which are (in slopes, wetlands, coastal sage scrub or other constrained land plus all other lands set aside as part of the Citywide Open Space System) to prohibit any encroachment or development, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, as shown on Exhibits “A” - “11.” Removal of native vegetation and development of Open Space Lots 15,56, 79, 116, 117, 118 and 119, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways and landscaping, other than that approved as part of this approval, as shown on the Tentative Tract Map and Landscape Concept Plan and as recommended in the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) and Mitigation and Monitoring Report, is specifically prohibited, except upon written order PC RES0 NO. 5753 -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 30. 31. 32. 33. 34. 35. 36. of the Carlsbad Fire Department for fire prevention purposes, or upon written approval of the Planning Director, based upon a request from the Homeowners Association accompanied by a report from a qualified arboridbotanist indicating the need to remove specified trees and/or plants because of disease or impending danger to adjacent habitable dwelling units. For areas containing native vegetation the report required to accompany the request shall be prepared by a qualified biologist. Prior to approval of the final map, the Developer shall provide an irrevocable offer of dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Pedestrian Circulation and Trail Plan within Open Space Lots 15,117 and 119. If the City of Carlsbad accepts dedication of the trail easement, the trail shall be constructed as a public trail and will be the maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept dedication of the trail easement, the trail shall still be constructed but it shall be constructed as a private trail for public use and the obligation for acceptance, construction, maintenance and liability shall be the responsibility of the Homeowners Association or selected open space conservation entity. Concurrent with recordation of the final maps, the Developer shall record a permanent easement for public use of all community trails, including DG trails, asphalt walkways, and meandering sidewalks which occur on privately owned lots or HOA lots. Prior to the approval of a final map the Developer shall pay to the City a Trail Plan Check fee and inspection fee in accordance with the current city fee schedule. Concurrent with recordation of the final map, the developer shall record a covenant of easement for private landscape purposes on the privately owned lots to allow HOA maintenance of landscape slope areas and fire suppression zones as shown on the Tentative Map and Maintenance Responsibility exhibit, subject to approval of the Planning Director and City Engineer. The location of the sidewalks and DG trails shown on the conceptual Pedestrian Circulation and Trail Plan may be modified, subject to the approval of the Planning Director, City Engineer, and Trails Manager, for the purpose of providing a continuous DG loop trail throughout the Cantarini Ranch and Holly Springs developments and leading to future developments to the east and south of Cantarini Ranch, provided that sidewalks are located on one side of the street. A deed restriction shall be recorded on all lots bordering protected open space prohibiting direct access and restricting the use of any invasive plants adjacent to the open space area. Prior to the issuance of building permits, a Site Development Plan shall be approved for the architecture and plotting of units. PC RES0 NO. 5753 -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 37. 38. 39. Fence and wall locations may be modified, subject to the approval of the Planning Director and Fire Marshall. Modified rear-yard fence locations shall not extend into Fire Suppression Zones 2 or 3. All predation fencing and theme wall fencing shall be installed concurrently with development. Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall be free from advertising and shall include at a minimum include a bench and a pole for the bus stop sign. The facilities shall be designed to enhance or be consistent with basic architectural theme of the project. Engineering General 40. 41. 42. 43. 44. 45. 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 or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: storm water quality units, drainage swaleskoncrete-lined ditches, trails, and pollution control basin 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 four (4) Final Maps for the purposes of recordation in the order of phasing shown on the tentative map. All final maps shall be submitted, processed and recorded concurrently, unless otherwise approved by the City Engineer and the Planning Director. If Developer desires to record a Final Map out of the phase approved on the tentative map, the new phasing may be approved or conditionally approved by the City Engineer and Planning Director if they are satisfied that public infrastructure necessary to support each phase of development is in place or secured to the satisfaction of the City Engineer. Developer shall cause property owner to submit for, process and receive approval of a Lot Line Adjustment (ADJ 00-14) that adjusts the boundary of the subdivision to match that as shown on the Tentative Map. The Lot Line Adjustment shall be recorded prior to submittal of the first Final Map for this project. The Lot Line Adjustment shall be prepared to the satisfaction of the City Engineer. PC RES0 NO. 5753 -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 46. In accordance with the Zone 15 LFMP, Developer shall provide for the relocation of the existing Rancho Carlsbad RV storage lot, maintenance facilities and community garden (collectively the ‘‘Rancho Carlsbad Facilities”) impacted by the College Boulevard and Basin BJ improvements. The Developer obligation includes, but is not limited to, securing an alternate site for relocating the Rancho Carlsbad Facilities, obtaining a Conditional Use Permit (CUP) and/or other discretionary permits necessary for the relocation and constructing replacement improvements for the Rancho Carlsbad Partners property. The relocation shall be processed to the satisfaction of the Planning Director and the City Engineer. Developer shall enter into a secured agreement with the City guaranteeing construction of the Rancho Carlsbad Facilities in a form acceptable to the City Engineer. 47. Developer shall provide written approval from NCTD that this project provides adequate facilities for bus transit services. Such evidence shall be provided to the satisfaction of the City Engineer. FeedAgreements 48. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City’s standard form Geologic Failure Hold Harmless Agreement. 49. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City’s standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 50. Developer shall construct street improvements to College Boulevard approximately 4,200-feet from its existing northerly terminus near El Camino Real to the intersection of Cannon Road. These improvements shall consist of ‘Core’ Improvements. ‘Core’ improvements include design and construction costs for full- width grading, two l8-foot wide paved lanes, median curb, and road drainage crossings (Improvements). The Developer has proposed the ‘Core’ Improvements be funded by a private financing program with participating property owners. Prior to final map approval, Developer shall provide evidence of a private financing program, necessary to design and construct the Core Improvements, executed by all participating property owners to the satisfaction of the City Engineer. 51. If Developer is unable to obtain property owner approval of a private financing program necessary to construct those street improvements identified in the condition above, the ‘Core’ Improvements may be funded by a public Financing Program (Public Program) subject to City Council approval. This Public Program request shall be processed and initiated to the satisfaction of the City Engineer prior to final map approval. If funded by a Public Program, Developer may be eligible for reimbursement for constructing the ‘Core’ Improvements. If a Public Program is approved, Developer shall enter into a Reimbursement Agreement prior to Final Map approval. The Reimbursement Agreement shall be prepared to the satisfaction of the City Engineer and City Attorney. PC RES0 NO. 5753 -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 52. 53. 54. 55. 56. 57. If a Public Program is approved to fund the ‘Core’ Improvements for College Boulevard, Developer shall cause property owner to execute a Prepayment Agreement that requires the Developer secure its fair-share costs toward the Public Program. The Prepayment Agreement shall be prepared, processed and approved to the satisfaction of the City Engineer, Finance Director, and City Attorney prior to Final Map approval. Prior to final map approval, the Developer shall develop and agree to the formation of a comprehensive financing program guaranteeing the construction of the core improvements for Cannon Road Reach 4A in accordance with the requirements of the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road Reach 4A extends east from the intersection with College Boulevard approximately 900 feet. The core improvements consist of full width grading, two 18-ft paved lanes, median curbs, drainage facilities required to protect the roadbed, and transition improvements to full City standard intersection improvements at the intersection with College Boulevard. The financing program guarantee must also address the acquisition of the right-of-way (ROW) for the road, slope and drainage easement in addition to the design, construction and environmental mitigation measures. Developer shall construct the bridge supporting College Boulevard as shown on the Tentative Map. The Developer, by constructing the bridge, may be eligible for reimbursement and/or credit against payment of the Planned Area Drainage Fees (Area B) in accordance with the City Drainage Fee Program. Prior to final map approval, Developer shall enter into a reimbursement and/or fee credit agreement to the satisfaction of the City Engineer and City Attorney. Developer shall construct Detention Basin ‘BJ’ just east of the intersection of College Boulevard and Cannon Road as shown on the Tentative Map, including the box culvert outlet structure crossing College Boulevard. The Developer, by constructing the basin and box culvert, may be eligible for reimbursement and/or credit against payment of the Planned Area Drainage Fees (Area B) in accordance with the City Drainage Fee Program. Prior to final map approval, Developer shall enter into a reimbursement and/or fee credit agreement to the satisfaction of the City Engineer and City Attorney. Developer shall install a 36” potable waterline (490 zone) and appurtenances in College Boulevard from its existing northerly terminus near El Camino Real to the intersection of Street ‘A’ and extending in ‘A’ Street to the easterly subdivision boundary as shown on the Tentative Map. Developer shall also install a 16” potable waterline (490 zone) in College Boulevard from ‘A” Street to Cannon Road. The Developer, by constructing these improvements, may be eligible for reimbursement by the water collection fee program. Prior to final map approval, Developer shall enter into a reimbursement agreement to the satisfaction of the City Engineer and City Attorney. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an PC RES0 NO. 5753 -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. 59. 60. Agreement to annex the subject property into City of SL & LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director and the City Attorney. Developer shall pay all fees necessary to annex the property into SL & LD #2. In accordance with the Zone 15 LFMP, Developer shall bear all responsibility and costs associated with installing the sound wall along the west side of College Boulevard just south of Cannon Road. No reimbursement shall be available for Developer from any Public Financing Program on this item. The City is currently in the process of updating its Master Drainage and Water Quality Management Plan (Master Drainage Plan) and associated Planned Local Drainage Area (PLDA) fees. Prior to final map approval the developer shall pay the current PLDA fee, and/or receive appropriate credits for any Master Drainage Plan facility improvements installed by Developer as a condition of this project, and enter into an agreement with the City to pay the increase in the PLDA fee, if any, at the time City Council approves the updated Master Drainage Plan and associated PLDA fee. Developer is responsible to pay prevailing wage on all work that is subject to reimbursement by public funds in accordance with State Law. Grading 61. 62. 63. 64. 65. 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 prior to issuance of a building permit for the project. Developer shall obtain a precise grading permit@) within this subdivision to the satisfaction of the City Engineer. 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. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist, and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. This project requires off site grading. No grading for improvements shall occur outside the limits of this approval unless Developer obtains, records and submits a recorded copy to the City Engineer a grading or slope easement or agreement from the owners of the affected properties. If Developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for PC RES0 NO. 5753 -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 and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedications/Improvements 66. 67. 68. 69. 70. 71. 72. 73. Developer shall cause Owner to execute a covenant of easement for private ingress, egress and private underground utilities over the pairs of lots that share common driveways including Lots 10 and 11,12 and 13,29 and 30,34 and 35,42 and 43,47 and 48,49 and 50,51 and 52,61 and 62,66 and 67,68 and 69,70 and 71,88 and 89, 90 and 91, 108 and 109 as shown on the Tentative Map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the Final Maps. Developer shall dedicate emergency access and fire lane easements over the common shared driveways on the final map to the satisfaction of the Fire Marshal and City Engineer. Prior to the first Final Map approval, all public infrastructure, including but not limited to public streets and underground utilities as shown on the Tentative Map, shall be designed, processed and approved to the satisfaction of the City Engineer with security posted. Developer shall construct all shared common driveways, including underground service laterals, concurrent with the construction of public streets within this subdivision. Developer shall cause Owner to dedicate 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 Maps. 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. Developer shall cause Owner to make an irrevocable offer of dedication (IOD) to the City for the trail easements necessary to encompass the proposed trails as shown on the Tentative Map and Pedestrian Circulation and Trails Plan. The offer shall be made by a certificate on the final maps. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. The City Trails Manager shall decide whether the IOD for trails will be accepted or rejected prior to approval of the final map. 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 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, PC RES0 NO. 5753 -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 base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. b. C. d. e. f. g. Core Improvements to College Boulevard street improvements from its existing northerly terminus just north of El Camino Real extended to Cannon Road. Core Improvements consist of full-width grading, two 18-ft lanes, median curbs, and road drainage crossings, drainage facilities required to protect the roadbed, full-width bridge crossing for College Boulevard over Agua Hedionda Creek, erosion control, landscape, irrigation, and transition improvements to full City standard street improvements with Cannon Road and Sunny Creek Road. In addition to core improvements, complete half-street improvements for College Boulevard are required along the project frontage per City Standards. Complete half-street improvements include a 32-ft paved half- street width consisting of two 12-foot lanes and an 8-foot bike lane, curb, gutter, streetlights, fire hydrants, median hardscape, median landscaping and irrigation, parkway landscaping and irrigation, and street drainage facilities. Street and utility improvements for ‘A’ Street, ‘B’ Street, ‘C’ Street, ‘D’ Street, ‘E’ Street, ‘F’ Street, ‘G’ Street, ‘H’ Street, ‘I’ Street, ‘J’ Street, ‘K’ Street, ‘L’ Street, ‘M’ Street, ‘N’ Street, ‘0’ Street, ‘P’ Street as shown on the Tentative Map. Construct a new 36” potable waterline (490 zone) and appurtenances in College Boulevard to ‘A’ Street from the existing terminus just north of El Camino Real to ‘A’ Street continuing in ‘A’ Street to the easterly subdivision boundary. Construct a new 16” potable waterline (490 zone) and appurtenances in College Boulevard from ‘A’ Street to Cannon Road intersection. Construct a new 12” recycled waterline (384 zone) and appurtenances in College Boulevard from its existing terminus near El Camino Real to Cannon Road. Potable Pressure Reducing Stations as shown on the Tentative Map. 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. 74. Developer shall execute a separate City standard Subdivision Improvement Agreements (one for each item below) to install and secure with appropriate security as provided by PC RES0 NO. 5753 -1 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 law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. Developer shall design and install a fully actuated traffic signal, including all appurtenances at the intersection of College Boulevard and Cannon Road and traffic signal interconnect conduit and cable in College Boulevard from Cannon Road to El Camino Real. The Traffic signal shall not be installed until such time that written approval is received from the City Engineer. b. In accordance with the Zone 15 LFMP, the Developer shall design and install a fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and ‘A’ Street. The Traffic signal shall not be installed until such time that written approval is received from the City Engineer. c. In accordance with the Zone 15 LFMP, the Developer shall design and install a fully actuated traffic signal, including all appurtenances and traffic signal interconnect conduit and cable, at the intersection of College Boulevard and ‘C’ Street. The Traffic signal shall not be installed until such time that written approval is received from 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. 75. Developer shall execute 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, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. Design and construction costs for future ‘M’ Street from the intersection of ‘J’ Street to the eastern subdivision boundary as shown on the Tentative Map. 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. Developer shall post security for these improvements, in perpetuity, or until the improvements are required for construction as directed by the City Engineer. Developer may opt to post with the City, a cash deposit covering Developer’s obligation to design and construct the improvements. PC RES0 NO. 5753 -19- 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 76. 77. 78. 79. 80. 81. Developer shall cause Owner to waive direct access rights on the final map for all lots abutting College Boulevard, excepting the access points for ‘A’ Street and ‘C’ Street to the satisfaction of the City Engineer. For all lots containing dual frontage to a public roadway, Developer shall cause Owner to waive direct access rights on the final map for that frontage not serving as the physical access for the property. Thru lot access is not permitted. Access rights shall be waived to the satisfaction of the City Engineer. College Boulevard shall be dedicated by Owner along the project frontage based on a right-of-way width of 102-feet and in conformance with City of Carlsbad Standards. Developer shall provide all necessary temporary grading and construction easements and drainage easements necessary to construct College Boulevard as shown on the Tentative Map. Prior to issuance of building permits, Developer shall underground all existing overhead utilities within the subdivision boundary. Developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit, latest version. Developer shall provide improvements constructed pursuant to best management practices as referenced in the “California Storm Water Best Management Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be submitted to and subject to the approval of the City Engineer. Said plans shall include but not be limited to notifling prospective owners and tenants of the following: a. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove and properly dispose of toxic and hazardous waste products. b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. c. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. 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 PC RES0 NO. 5753 -20- 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 82. 83. 84. 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. 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; 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; provide calculations to verify numeric sizing criteria is met. 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. d. e. f. g. 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 may consist of a San Diego Regional Standard Drawing D-41 energy dissipator, or other means deemed appropriate, to the satisfaction of the City Engineer. That portion of existing right-of-way for College Boulevard that is proposed to be vacated (and rededicated) shall be vacated via the summary street vacation PC RES0 NO. 5753 -21- 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 procedure pursuant to the California Streets and Highway Code and to the satisfaction of the City Engineer. Final Map Notes 85. Notes to the following effects shall be placed on the map as non-mapping data: a. All improvements are privately owned and are to be privately maintained with the exception of the following: 1. College Boulevard; 2. 3. 4. Sewer mains and appurtenances; 5. Basin ‘BJ’; 6. 7. Recycled Water; and 8. Drainage Facilites. ‘A’ Streets through ‘0’ Street; Potable Water mains and appurtenances; Potable water pressure reducing stations; b. This subdivision contains two remainder lots. No building permit shall be issued for any remainder lot until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. c. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. d. 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. Water - 86. Prior to approval of improvement plans or final map, Developer shall meet with the Fire Marshal to verify all fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. All fire hydrants shall be served by public water mains to the satisfaction of the District Engineer. 87. 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 andor joint utility purposes. 88. 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. PC RES0 NO. 5753 -22- 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 89. 90. 91. 92. 93. 94. 95. - Fire 96. 97. Concurrent with the submittal of the improvement plans, Developer shall prepare a colored recycled water use map and submit this map to the District Engineer for approval. 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 and the Planning Director. 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. The Developer shall provide separate potable water meters for each lot. Developer shall submit design drawings prepared by a Registered Engineer for the construction of potable water mains service laterals and meters, appurtenances, and pressure-reducing stations required to serve the project. Said plans shall be prepared to the satisfaction of the District Engineer. Future homes impacted by the Fire Protection Zones shall be required to be constructed to 1-hour fire rated exterior walls and features, in conformance with the Building Code, subject to Fire Marshall approval. Please contact the Carlsbad Fire Department for approved materials and methods. The lots are identified as: Lots 8 through 13, 36 through 38, 42, 43, 58 through 61, 81, 82, 85 through 102, and 107 through 112. AI1 subsequent submittals shall indicate that these lots are conditioned by adding the suffix “FR” to the lot designator and shall be noted by lot numbers on the title page of the working drawings. The following lots shall be required to have installed an approved automatic fire sprinkler system. This condition is set forth as the Fire Department access is in excess of the established limits of CFC Article 9. The lots to be conditioned are identified as: Lots 27,31,34 through 36,38 through 44,47 through 52,60 through 62,66 through 71,75,76,81,82,88 through 94,104,108, and 109. All subsequent submittal Title Sheets shall indicate that these lot numbers are conditioned and state “Fire Sprinkled.” PC RES0 NO. 5753 -23- 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 98. 99. 100. 101. 102. 103. Fire sprinklers are required under the following conditions: In accordance with Chapter 9 of the California Fire Code, the centermost portion of the rear first floor of any residence, measured in an approved manner from the nearest public street exceeding one-hundred and fifty (150) feet shall be protected with an approved automatic fire sprinkler system in conformance with NFPA Standard 13D. The following item shall be included in the CC&Rs: The maintenance of common areas and fuel modification areas shall be submitted to the Fire Department for review and approval. Strict adherence to the adopted City of Carlsbad Landscape Manual for the 60-foot clearance from combustible vegetation is required. There shall be no combustible or wood fencing within 100 feet of native undisturbed vegetation (F.3-6). No patio covers, decks or similar structures to homes shall occur within the first twenty (20) - feet of the sixty (60) - foot fuel modification zone unless fire rated or heavy timber materials are utilized and approval of said materials shall be obtained prior to installation from the Building Department. In accordance with the City’s adopted landscape manual, unless the 60- foot fuel modification zone begins at the property line, Section F.3-2 prohibits tree and shrubs in the first twenty (20) - feet of the sixty (60) - foot zone. No more than 20 units may be constructed in any phase without providing two points of access, unless otherwise approved by the Fire Chief or hisher designee. Code Reminders 104. 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. 105. 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. 106. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 107. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. a. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. PC RES0 NO. 5753 -24- 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 28 108. 109. 110. 112. 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. The tentative map shall expire twenty-four (24) months fi-om 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.Some improvements shown on the tentative parcel map andor required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall immediately initiate negotiations to acquire such property. The Developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, Developer shall demonstrate to the City Engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 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 feedexactions 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. 5753 -25- 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 2; 2t PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 20th day of October, 2004, by the following vote, to wit: AYES: Chairperson Whitton, Commissioners Baker, Cardosa, Dominguez, Heineman, Montgomery, and Segall NOES: ABSENT: ABSTAIN: FRANK H. WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLMILLYR Planning Director PC RES0 NO. 5753 -26-