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HomeMy WebLinkAbout2010-04-07; Planning Commission; Resolution 6686A) That the foregoing recitations are true and correct. 2 B) That based on the evidence presented at the public hearing, the Commission 3 APPROVES MUROYA SUBDIVISION - CT 06-27, based on the following findings and subject to the following conditions: 4 r Findings: 6 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the project implements the goals and policies of the General Plan as discussed in the 9 staff report; is consistent with all the minimum requirements of Titles 20 and 21 governing lot size and configuration; and the project has been designed to comply 10 with all applicable City regulations, including the Zone 20 Specific Plan. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and open space development on the General Plan and the residential properties are developed with detached one- 13 family residences. 14 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the applicable zoning ordinances are incorporated into the project without the need for variances from development standards. 17 4. That the design of the subdivision or the type of improvements will not conflict with 18 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 20 with established easements. 21 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 22 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures are oriented ~ . to allow for solar exposure and take advantage of prevailing breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs 26 against the public service needs of the City and available fiscal and environmental resources. 27 _„ 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their PC RESO NO. 6686 -2- habitat, in that the 20.27 acre in-fill site is primarily used for agricultural production 2 and is developed with a single family residence in the southeast corner of the lot and the southwest side of the lot which is occupied by sensitive natural vegetation and is 3 being preserved in a 9.82 acre open space lot. Because of the clustered type of development being concentrated on disturbed areas only, an open space easement, consisting of a 20-foot wide habitat buffer area and 60 foot wide Fire Suppression c Zone, is provided between development and the planned open space areas, which restricts development and any encroachments into the preserve. The project is also 6 located adjacent to and north of an existing HMP Hardline area and in order to minimize edge effects, the following adjacency standards have been conditioned for the project to reduce indirect impacts: Fire Management, Erosion Control, Landscaping Restrictions, Fencing, Signs, and Lighting restrictions, and Predator and Exotic Species Control. 9 9. That the discharge of waste from the subdivision will not result in violation of existing 10 California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with City's Stormwater regulations. It has been conditioned to implement Best Management Practices for water quality protection, to comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego Region of the California 13 Regional Water Quality Control Board and with the City of Carlsbad Municipal Code. 14 10. 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 203 based on the facts set forth in the staff report dated April 7, 2010 including, but not limited to the following: 17 Land Use - The existing General Plan Land Use designation for the project site is 18 Residential Low-Medium Density (RLM). The RLM designation allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac; which is also used for the 20 purposes of calculating the City's compliance with Government Code Section 65584. According to the constraints analysis used for density calculations, 37.79 21 dwelling units could be located on the site based on 11.81 net developable acres. A total of 37 proposed dwelling units and one existing residence (38 total units) at a density of 3.217 du/ac are proposed. At the RLM designation (0-4 du/ac), -,-, development of the site in the manner that would accommodate the dwelling units would: 1) require a significant amount of grading to the site, which would 24 be inconsistent with the City's Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) the Habitat Management Plan (HMP) requires the 25 development to be clustered on the disturbed areas to the maximum extent. Therefore, given the topographic constraints of the site combined with the HMP need to cluster the development, the project applicant is proposing to change the 27 General Plan Land Use designation of the site from RLM to Residential Medium (4-8 du/ac) on lots 1 & 5 where the 37 units will be clustered on a 7 acre parcel at 28 a proposed density of 5.29 du/ac. Lots 3 & 4 will be designated Open Space (OS), while lot 2, site of the existing residence, will retain the RLM designation. PC RESO NO. 6686 -3- b. Circulation - All roadways (including curb, gutter, and sidewalk) needed to serve 2 the development will be dedicated and constructed prior to, or concurrent with, site development. The proposed circulation system is designed to provide access 3 to each of the proposed lots and dwelling units and complies with all applicable City design standards.4 c c. Housing - The City's Inclusionary Housing regulations require that a minimum of 15% of all approved units in any residential project be made affordable to 6 lower income households. The inclusionary housing requirement for the Muroya Subdivision residential development is seven (7) units. However, based on the 7 project lot's environmental resources and constrained topography, and the site's distance away from employment opportunities, urban services, and transportation facilities, the Housing Policy Team has recommended the 9 purchase of seven (7) inclusionary housing credits within the Villa Loma Affordable Housing development to satisfy their inclusionary housing 10 obligations. d. Open Space & Conservation - The project will utilize Best Management Practices 12 for control of storm water and to protect water quality, will conform to all National Pollution Discharge Elimination System (NPDES) requirements, and 13 for purposes of habitat protection will provide an open space lot (Lot 3) located between the proposed residences (i.e., development area) and the boundaries of 14 the proposed Open Space (Lot 4). This area will encompass the HMP 20 ft. wide , - upland habitat buffer area that is required between proposed development and preserved habitat areas. 16 11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local 17 Facilities Management Plan for Zone 20 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 jo treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the 20 project will be installed to serve new development prior to or concurrent with need. Specifically, 21 „« 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. 23 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be 24 collected prior to issuance of building permit. 75 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be 26 collected prior to the issuance of building permit. 27 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 28 requirements established by a Local Facilities Management Plan prepared pursuant to PC RESO NO. 6686 -4- Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of 2 public facilities and will mitigate any cumulative impacts created by the project. 3 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 20. 4 14. 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 within the Zone 20 LFMP and the project will comply with the general and special conditions of the zone, and that there have been previous developments approved in the Zone 20 Specific Plan that have provided the necessary infrastructure to serve the project. 10 15. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal Code Section 14.28.020 and Landscape Manual Section I B). 11 16. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while 14 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 17 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 18 all new development within the City is essential to fund implementation of the City's Habitat Management Plan.19 2Q 17. The Planning Commission of the City of Carlsbad does hereby find: 21 a. it has reviewed, analyzed, and considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for MUROYA SUBDIVISION - 22 GPA 06-09, ZC 06-08, LCPA 06-09, SP 203D, CT 06-27, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the 24 project; and 25 b. the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection 27 Procedures of the City of Carlsbad; and 28 c. it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and PC RESO NO. 6686 -5- d. based on the EIA and comments thereon, there is no substantial evidence the project 2 will have a significant effect on the environment. 3 18. 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 r degree of the exaction is in rough proportionality to the impact caused by the project. 6 Conditions: 7 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading permit or recordation of a final map, whichever occurs first.8 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 10 implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said 13 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. 14 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, 17 different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and . q regulations in effect at the time of building permit issuance. 20 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are 21 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 23 all requirements of law. 24 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims -, and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, 27 (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and 28 (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 PC RESO NO. 6686 -6- facility of electromagnetic fields or other energy waves or emissions. This obligation 2 survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. 3 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the 6 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 7 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to 9 that Plan prior to the issuance of building permits. 10 9. Developer shall implement, or cause the implementation of, the MUROYA SUBDIVISION - GPA 06-09, ZC 06-08, SP 203(D), LCPA 06-09, CT 06-27, CP 06- 11 19, CDP 06-32, HDP 06-10, and HMP 07-02 Project Mitigation Monitoring and j2 Reporting Program. 13 10. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-09, ZC 06-08, SP 14 203(D), LCPA 06-09, CP 06-19, CDP 06-32, HDP 06-10, and HMP 07-02, and is , c subject to all conditions contained in Planning Commission Resolutions No. 6681, 6682, 6683, 6684, 6685, 6687, 6688, 6689, and 6690 for those other approvals incorporated 16 herein by reference. 17 11. 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 \ 9 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 20 shall be placed on the Final Map. 21 12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy 22 #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 23 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such 24 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this ,,- approval will not be consistent with the General Plan and shall become void. 26 L3. 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 27 Developer shall enter into an Affordable Housing Agreement with the City to purchase of seven (7) inclusionary housing credits within the Villa Loma Affordable Housing development to satisfy their inclusionary housing obligations. PC RESO NO. 6686 -7- 14. Developer shall submit to the City a Notice of Restriction executed by the owner of the 2 real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested 3 parties and successors in interest that the City of Carlsbad has issued a General Plan Amendment, Zone Change, Local Coastal Program Amendment, Specific Plan Amendment, Tentative Tract Map, Condominium Permit, Coastal Development c Permit, Hillside Development Permit, and Habitat Management Plan Permit by Resolution No's. 6682, 6683, 6684, 6685, 6686, 6687, 6688, 6689, and 6690 on the 6 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 9 or successor in interest. 10 15. 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. 13 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Department and accompanied by the . , project's building, improvement, and grading plans. 16 17. The northerly landscape boundary separating Units 7, 8, and 9 from the existing single family development to the north shall utilize an enhanced plant pallet, which will establish a visual buffer. The final design shall be shown on the final Landscape plan and shall be subject to the Planning Directors approval. 1 o 18. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved 20 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: 23 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor 24 of, or in which the City has an interest. 25 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 27 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 PC RESO NO. 6686 -8- Association's Easements" as provided in Article , Section the 2 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 3 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 c 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 6 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 7 Owners as provided herein. 8 d. Special Assessments Levied by the City. In the event the City has performed the 9 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 10 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 12 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 13 ' 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, 14 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 15 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 17 against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special 19 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 20 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 21 in accordance with the procedures set forth in Article of this Declaration. 22 e. Landscape Maintenance Responsibilities. The owners association and individual lot 23 or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit_ . 24 f. Landscape Material Restrictions: Restrictions to landscape materials adjacent to conserved habitat areas shall be as set forth in Exhibit . 26 Invasive/exotic species not to be used shall include those listed on Lists A and B of the "Exotic Plants of Greatest Ecological Concerns in California" adopted by 27 the California Exotic Pest Plants Council, October 1999. 28 PC RESO NO. 6686 -9- Lighting Restrictions on Private Residential Lots: Restrictions on lighting within 2 residential lots adjacent to open space conservation areas shall be as set forth in Exhibit 3 h. Fire Suppression Zones: A disclosure shall be included identifying all lots where Fire Suppression Zones extend into private rear yard areas. The disclosures shall include a site plan of the lot, location of the Fire Suppression Zones, and the fuel modification standards required for the various zones. 6 i. Aircraft Noise Disclosure: A disclosure shall be included that this property is 7 subject to overflight, sight and sound of aircraft operating from McClellan- Palomar Airport. o 9 19. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits 10 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 12 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 13 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 14 General Plan. Developer or Developer's successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with 16 the City's Habitat Management Plan (HMP) and the biological study (Dudek Engineering and Environmental, dated November, 2009), for impacts to 1.56 acres 17 of Group-F habitat (i.e., Disturbed Lands). If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 19 20. Developer shall submit a street name list consistent with the City's street name policy 20 subject to the Planning Director's approval prior to final map approval. 21. 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, 23 then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the 24 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. 27 22. 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 PC RESO NO. 6686 -10- 1 4 24. 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). 25. Removal of native vegetation and development of Open Space Lot(s) 3 and 4, including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, other than that approved as part of (the grading plan, improvement plans, 12 13 14 17 18 19 20 21 26 27 28 or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 23. 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. fire prevention purposes, or upon written approval of the Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a request from the Homeowners Association accompanied by a report from a qualified arborist/botanist 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. 16 26. Prior to issuance of a building permit, the Developer shall modify the architectural side elevation of all plans to include additional enhanced architectural features as similarly displayed features on the front and rear elevations. The final design shall be shown on the building plans and shall be subject to the Planning Directors approval. Engineering: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map, building or grading permit, whichever occurs first. 23 General 24 27. 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. 28. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the District Engineer has determined that adequate water and sewer facilities are available at the time of permit issuance. PC RESO NO. 6686 -11- 29. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or 2 other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private water 3 quality treatment measures, low impact development features, storm drain facilities, landscaping, landscape irrigation facilities, etc. located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within c this subdivision. 6 30. There shall be one Final Map recorded for this project. 7 31. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. Grading 9 32. Based upon a review of the proposed grading and the grading quantities shown on the 10 tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports, for City Engineer review, and third party review, and shall pay all applicable grading plan review fees per the City's latest fee schedule. 13 33. Prior to grading permit issuance, Developer shall post required deposit and shall pay applicable review fees for a third party review of the grading plan and geotechnical reports. 34. Upon completion of grading, Developer shall file an "as-graded" geologic plan with the 15 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 17 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. 19 35. This project requires off site grading. No grading for private improvements shall occur 20 outside the project unless Developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from 21 the owners of the affected properties. If Developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case Developer must either apply for and obtain an amendment of this approval or modify the 23 plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer 24 and Planning Director. 25 26 28 PC RESO NO. 6686 -12- 36. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 2 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent 3 silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or 4 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or t- stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 6 37. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer 7 receipt of a Notice of Intention from the State Water Resources Control Board. o 38. Prior to the issuance of grading permit or building permit, whichever occurs first, 9 Developer shall submit for City approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall be in compliance with current requirements 10 and provisions established by the San Diego Region of the California Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall address measures to reduce to the maximum extent practicable storm water pollutant 12 runoff during construction of the project. 39. Developer shall submit for City approval a "Storm Water Management Plan (SWMP)." 13 The SWMP shall demonstrate compliance with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-0001 issued by the San Diego 14 Region of the California Regional Water Quality Control Board and City of Carlsbad Municipal Code all to the satisfaction of the City Engineer. 16 40. Developer shall incorporate Low Impact Development (LID) design techniques, on all final design plans submitted to the City, to reduce the amount of run-off by mimicking 17 the natural hydrologic function of the site by preserving natural open-spaces and natural drainage channels, minimizing impervious surfaces, promoting infiltration and *° evaporation of run-off before run-off leaves the site. Developer shall incorporate LID , q techniques using current County of San. Diego Low Impact Development Handbook (Stormwater Management Strategies). LID techniques include, but are not limited to: 20 vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the volume, peak flow rate, velocity and pollutants. 21 Dedications/Improvements 23 41. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for the public utility and access purposes as shown on the tentative map. The offer shall be 24 made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are 2^ not required to be rededicated. Additional easements may be required at final design to 2(. the satisfaction of the City Engineer. 27 28 PC RESO NO. 6686 -13- ii. Construction of sewer and water mains and appurtenances to serve this 2 subdivision. 3 B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. 4 ,. C. Geotechnical Caution: 6 i Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 7 ii 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 9 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 10 subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted , - to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. 13 E. The owner of this property on behalf of itself and all of its successors in interest has 14 agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the 15 drainage system or other improvements identified in the City approved development plans; or by the design, construction or maintenance of the drainage system or other 17 improvements identified in the City approved development plans. 18 Utilities 19 48. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire 20 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 21 public water mains to the satisfaction of the District Engineer. 99 49. Developer shall design and construct public facilities within public right-of-way or within 22 minimum 20-foot wide easements granted to the District or the City of Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for adequate 24 maintenance, access and/or joint utility purposes. 25 50. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges for connection to public facilities. 26 ?7 51. Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement 28 plans. PC RESO NO. 6686 -15- 52. The Developer shall install sewer laterals and clean-outs at locations approved by the City 2 Engineer. The locations of sewer laterals shall be reflected on public improvement plans. 3 53. The Developer shall provide separate potable water meters for each separately owned unit within this subdivision.4 Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 54. This tentative map shall expire three years from the date of project approval. 8 55. Some improvements shown on the tentative map and/or required by these conditions are 9 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 12 requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the City to successfully acquire said property by condemnation. 56. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily 5 Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. 16 57. 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. 1 O 58. Developer shall pay a landscape plancheck and inspection fee as required by Section 19 20.08.050 of the Carlsbad Municipal Code. 20 59. 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. 22 60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal 23 Code Section 18.04.320. 24 61. 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. 26 27 28 PC RESO NO. 6686 -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 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 fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 7, 2010, by the following vote, to wit: AYES: NOES: Chairperson Douglas, Commissioners Baker, Dominguez, L'Heureux, and Nygaard ABSENT: Commissioners Montgomery and Schumacher ABSTAIN: FARRAHfc*BOUGLAS, CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6686 -17-