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HomeMy WebLinkAbout2021-07-07; Planning Commission; Resolution 7419PLANNING COMMISSION RESOLUTION NO. 7419 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR SITE DEVELOPMENT PLAN, FLOODPLAIN SPECIAL USE PERMIT, HABITAT MANAGEMENT PLAN PERMIT AND MINOR SUBDIVISION TO 1) SUBDIVIDE A 2.66 ACRE PARCEL INTO TWO OPEN SPACE PARCELS TO CORRESPOND WITH A PROPOSED HABITAT RESTORATION/WETLAND BUFFER-AREA; 2) ALLOW FOR FIRE/MAINTENANCE/PEDESTRIAN ACCESS; REALIGNMENT OF AN EXISTING STORM DRAIN LINE; IMPROVEMENTS TO AN EXISTING STORM DRAIN OUTLET; REALIGNMENT OF AN EXISTING SEWER LINE, ADDITION OF A NEW WATER SERVICE LINE; AND MINOR GRADING WITHIN THE 100-YEAR FLOODPLAIN; 3) ALLOW FOR MINOR IMPROVEMENTS TO THE SHOPPES AT CARLSBAD RING ROAD AND PARKING LOT; AND 4) ALLOW FOR THE INCIDENTAL TAKE OF SPECIES OF CONCERN IN ASSOCIATION WITH DEVELOPMENT OF AN APPROVED HOTEL PROJECT IN THE CITY OF OCEANSIDE ALONG CARLSBAD'S NORTHERN BORDER GENERALLY LOCATED SOUTH OF STATE ROUTE 78 AND EAST OF JEFFERSON STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: INNS AT BUENA VISTA CREEK CASE NO.: SDP 14-14/SUP 14-05/HMP 14-03/MS 14-12 (DEV14058) WHEREAS, Jenna Development, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Crown Jewel Properties, LLC and the City of Carlsbad, "Owners," described as Parcel 2 of Parcel Map No. 15975, in the City of Carlsbad, filed in the Office of the County Recorder of San Diego County, February 2, 1990; and Lot 27 of Carlsbad Tract No. CT 76-18 (Plaza Camino Real Shopping Center) in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 8956, filed in the Office of the County Recorder of San Diego County, August 11, 1978. ("the Property"); and WHEREAS, said verified application constitutes a request for a Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision as shown on Exhibit(s) "A" -"WW" dated July 7, 2021, on file in the Planning Division SDP 14-14/SUP 14-05/HMP 14- 03/MS 14-12 -INNS AT BUENA VISTA CREEK, as provided by Chapters 20.24, 21.110 and 21.210 of the Carlsbad Municipal Code and the Westfield Carlsbad Specific Plan (SP 09-01B); and WHEREAS, the Planning Commission did, on July 7, 2021, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of SOP 14-14/SUP 14-05/HMP 14-03/MS 14-12 -INNS AT BUENA VISTA CREEK, based on the following findings and subject to the following conditions: Findings: California Environmental Quality Act 1. Whenever the city has been identified as a responsible agency for a project, Carlsbad Municipal Code Section 19.04.030 delegates to the City Planner the authority to act on the city's behalf regarding such project. The City Planner has determined that the potential environmental effects of the project were adequately analyzed by a previously certified Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP) for the construction of the Inns at Buena Vista Creek as adopted by the City of Oceanside acting as Lead Agency in the preparation of the EIR. The EIR, was assigned State Clearinghouse No. 2014061090 and was prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts associated with the project. The City of Carlsbad, acting as a Responsible Agency through the City Planner, found that the project has no new significant environmental effect not analyzed as significant in the certified EIR and MMRP; none of the circumstances requiring further environmental compliance under CEQA Guidelines Section 15163 exist; and all feasible mitigation measures identified in the certified EIR and MMRP, which are appropriate to this phase of the project will be incorporated. The approved EIR and MMRP are on file for review at the Planning Division. Minor Site Development Plan, SDP 14-14 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the minor improvements to the Shoppes at Carlsbad Ring Road and parking lot are consistent PC RESO NO. 7419 -2- with the design guidelines and development standards of the Westfield Carlsbad Specific Plan, and the addition of a proposed pedestrian sidewalk connection from the approved hotel development project in Oceanside to the NCTD transit center and retail shops promote the use of mass transit and encourage walkability. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the minor improvements to the Shoppes at Carlsbad Ring Road and parking lot are designed to provide safe and efficient internal circulation for both pedestrians and vehicles, and the project incorporates all of the applicable development standards of the Westfield Carlsbad Specific Plan {SP 09-01B) to ensure compatibility of the project with its surroundings. 4. That all yards, setbacks, walls, fences, landscaping, and other_ features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the minor improvements to the Shoppes at Carlsbad Ring Road and parking lot comply with all applicable development standards and design guidelines of the Westfield Carlsbad Specific Plan (SP 09-01B), including the planting of new landscaping and two (2) trees (minimum 36-inch box size) per parking lot end island where being modified. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that pursuant to the Traffic Study prepared for the project (RBF Consulting, March 2015), the roadway segments operate at an acceptable vehicle level of service and does not significantly impact the street system. As it relates specifically to this Minor Site Development Plan at hand, the project proposes sidewalk improvements along the Shoppes at Carlsbad Ring Road to provide pedestrian connectivity from the hotel project to the NCTD transit center and retail shops beyond. Additionally, the project proposes sidewalk improvements along northbound Jefferson Street to Lagoon View Road to provide continuous sidewalk from the project's frontage to Marron Road. For bicycling, the project also proposes frontage improvements along northbound Jefferson Street to provide a continuous bike line to Marron Road. Floodplain Special Use Permit, SUP 14-05 6. The site is reasonably safe from flooding in that the proposed sewer, water and drainage improvements, which are subterranean; and the proposed fire/maintenance/pedestrian access, which are at-grade and follow the existing topography; are adequately flood-proofed; will not cause obstructions and/or alteration to the existing flood course; and will not adversely affect the public health, safety, or general welfare. 7. The project as proposed has been designed to minimize the flood hazard to the habitable portions of the structure in that there are no habitable structures proposed by the project located within the 100-year floodplain. 8. The proposed project does not create a hazard for adjacent or upstream properties or structures in that the proposed sewer, water and drainage improvements are subterranean, while the proposed fire/maintenance/pedestrian access is at-grade and follows the existing topography. Additionally, pursuant to the Hydraulic Analysis prepared for the project {Hunsaker, March 2020), the proposed improvements will not increase the water surface elevations and/or flooding of Buena Vista Creek. PC RESO NO. 7419 -3- 9. The proposed project does not create any additional hazard or cause adverse impacts to downstream properties or structures in that the proposed sewer, water and drainage improvements are subterranean, while the proposed fire/maintenance/pedestrian access is at- grade and follow the existing topography. Additionally, pursuant to the Hydraulic Analysis prepared for the project {Hunsaker, March 2020), in both analyzed flow conditions (City and FEMA), the downstream sections received no increase in the water surface elevations in comparison of the proposed and existing creek conditions. 10. The proposed project does not reduce the ability of the site to pass or handle a base flood of 100- year frequency in that pursuant to the Hydraulic Analysis prepared for the project {Hunsaker, March 2020), the proposed project does not reduce the ability of Buena Vista Creek to convey or handle the base flood of 100-year frequency, while protecting proposed structures and not negatively impacting adjacent, upstream or downstream properties with levels of flooding beyond what is currently existing. 11. The proposed project taken together with all the other known, proposed, and anticipated projects will not increase the water surface elevation of the base flood more than one foot at any point in that pursuant to the Hydraulic Analysis prepared for the project {Hunsaker, March 2020), it was determined that the proposed project would not result in a water surface elevation or flooding increase compared to the existing condition; and based on this analysis, adjacent, upstream, and downstream properties would not be adversely affected by the proposed project with respect to flooding. Habitat Management Plan Permit, HMP 14-03 12. That the Inns at Buena Vista Creek project, as it specifically relates to the City of Carlsbad's jurisdiction, is shown in Figure 28 of the approved HMP as a "Development Area". 13. That authorization to impact sensitive habitats through the removal of 0.06 acres of Diegan coastal sage scrub {Group D), 0.02 acres of freshwater marsh and 0.01 acres of open water {Group A) is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 14. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the project Mitigation Monitoring and Reporting Program associated with the certified Environmental Impact Report (SCH#2014061090) for the construction of the Inns at Buena Vista Creek as adopted by the City of Oceanside acting as Lead Agency, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 15. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No. 93121073). 16. That all impacts to habitat and all take of species will be incidental to otherwise lawful activities related to construction and operation of the Inns at Buena Vista Creek project. PC RESO NO. 7419 -4- 17. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the project Mitigation Monitoring and Reporting Program associated with the certified Environmental Impact Report (SCH#2014061090) for the construction of the Inns at Buena Vista Creek, as adopted by the City of Oceanside acting as Lead Agency, provides measures adequate to mitigate impacts to onsite habitat and includes appropriate erosion control. 18. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 19. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. 20. That the City Planner is authorized to sign a Take Permit. 21. 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. Pursuant to the HMP, the project has been conditioned to pay habitat in-lieu fees for impacts to 0.37 acres of disturbed lands (Group F). Minor Subdivision, MS 14-12 22. 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 General Findings section below; and is consistent with all applicable requirements of Titles 20 and 21. 23. That the proposed project is compatible with the surrounding future land uses since permanent open space is a desired land use, particularly natural open space, as is proposed in conjunction with the habitat restoration/wetland buffer adjacent to Buena Vista Creek. 24. That the site is physically suitable for the type and density of the development in that no development beyond sewer, water and drainage improvements, proposed fire/maintenance/pedestrian access, habitat restoration and wetland buffering is proposed on PC RESO NO. 7419 -5- Parcels 3 and 4. Both parcels are designated as Open Space, which precludes any residential development now or in the future. 25. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 26. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 27. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the subdivision of the property into two (2) parcels and the implementation of habitat restoration on Parcel 4 will improve the habitat adjacent to Buena Vista Creek. Implementation of the hotel development project and the EIR mitigation monitoring and reporting program will result in the overall restoration of 1.29 acres of coastal sage scrub and 1.18 acres of wetland/transitional riparian habitat on-site. 28. 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 drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. General 29. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, based on the facts set forth in the staff report dated July 7, 2021 including, but not limited to the following: a. Land Use & Community Design. Enhance Carlsbad's character and image as a desirable residential, beach and open-space oriented community (Goal 2-G.16): Habitat mitigation on the project site includes creation and permanent preservation of sensitive wetland, riparian and upland habitat within the Coastal Zone and adjacent to Buena Vista Creek. Portions of Parcel 4 will be restored and permanently preserved as open space through biological conservation easements. Proposed Parcels 3 and 4 will both be designated as Open Space. b. Open Space & Conservation. Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities (Goal 4-G.3); and maintain and implement the city's Habitat Management Plan (HMP), including the requirement that all development projects comply with the HMP and related documents. Require assessments of biological resources prior to approval of any development on sites with sensitive habitat (Policy 4-P.9): As discussed above, the proposed habitat mitigation entails the creation and permanent preservation of sensitive wetland, riparian and upland habitat adjacent to Buena Vista Creek. The project also enhances the overall biological value of the area between the hotel development and adjacent to the creek and will furthermore assist in maintaining a functional wildlife corridor and habitat linkage along Buena Vista Creek. Impacts to 0.06 acres of Diegan Coastal Sage Scrub (Habitat Group C), where located within the Coastal Zone, will be mitigated at a 2:1 ratio (0.12-acres) and impacts to 0.37-acres of PC RESO NO. 7419 -6- Disturbed Land (Habitat Group F} will be satisfied through payment of an in-lieu fee. Final design of the project and reduced wetland buffer was reached with involvement and input by the Wildlife Agencies and CCC. c. Open Space & Conservation. Ensure that the improvements recommended for open space areas are appropriate for the type of open space and the use proposed. No improvements (excluding necessary infrastructure) shall be made in environmentally sensitive areas, except to enhance the environmental value of the areas (Policy 4-P.11): The proposed infrastructure improvements proposed within the Open Space parcels are necessary for access and the continued maintenance of Buena Vista Creek channel and the drainage outfall for SR-78. The proposed infrastructure improvements are located outside of future conservation easement areas. d. Open Space & Conservation. Require developments to incorporate structural and non- structural best management practices (BMPs) to mitigate or reduce the projected increases in pollutant loads. Do not allow post-development runoff from a site that would cause or contribute to an exceedance of receiving water quality objectives or has not been reduced to the maximum extent practicable (Policy 4-P.58): The project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. 30. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 31. 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. 32 . This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 33. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of grading permit, building permit or approval of the City of Carlsbad final parcel map, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; PC RESO NO. 7419 -7- record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Project Mitigation Monitoring and Reporting Program (MMRP) associated with the certified Environmental Impact Report (SCH#2014061090) for the construction of the Inns at Buena Vista Creek as adopted by the City of Oceanside as Lead Agency. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit, and Minor Subdivision, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Parcel Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of grading permits. PC RESO NO. 7419 -8- 9. This approval is granted subject to the approval of GPA 14-05, ZC 14-03, LCPA 14-05, and is subject to all conditions contained in Planning Commission Resolutions No. 7418 for those other approvals incorporated herein by reference. 10. Any permit or approval granted pursuant to this title becomes null and void if not exercised within two years of the date of the Coastal Commission approval; however, permits or approvals which are issued in conjunction with a tentative map or tentative parcel map, shall not expire sooner than the approved tentative map or tentative parcel map. The permit or approval may be extended pursuant to Section 21.58.040. 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 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. 12. Prior to the issuance of a grading permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor Site Development Plan, Floodplain Special Use Permit, Habitat Management Plan Permit and Minor Subdivision by Resolution(s) No. 7419 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the City Planner. If the approval is substantially different, an amendment to SDP 14-14, SUP 14-05, HMP 14-03 and MS 14-12 shall be required. 14. Prior to final map approval, or issuance of a grading permit or clearing of any habitat, whichever occurs first, the Developer shall take all of the following actions to the satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for natural habitat in conformance with the city's Habitat Management Plan: a. Select a conservation entity, subject to approval by the city, that possesses qualifications to manage the open space lot(s) for cons.ervation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the city for estimating the costs of management and monitoring of the open space lot(s) in perpetuity in accordance with the requirements of the North County Multiple Habitats Conservation Plan and the city's Open Space Management Plan. c. Based on the results of the PAR, provide a non-wasting endowment or other financial mechanism acceptable to the City Planner and conservation entity, if any, in an amount sufficient for management and monitoring of the open space lot(s) in perpetuity. PC RESO NO. 7419 -9- d. Record a Conservation Easement over the open space lot(s). e. Prepare and obtain approval of the City Planner, CDFW, USFWS and Coastal Commission staff for a Preserve Management Plan which will ensure adequate management of the open space lot(s) in perpetuity. 15. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the 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 the City's Habitat Management Plan (HMP) for impacts to 0.37 acres of disturbed lands (Habitat Group F). 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. 16. Prior to approval of the final map, the Developer shall: 1) consult with the United States Fish and Wildlife Service {USFWS) regarding the impacts ofthe Project; and 2) obtain any permits required by the USFWS. 17. If a grading permit is required, all grading activities are prohibited from (February 1st for gnatcatcher or March pt for vireo) to (September 15th for gnatcatcher or October 1st for vireo). All erosion control measures must be installed prior to the initial grading. Any grading extensions into the grading prohibition period must receive written approval of the City Engineer and the responsible wildlife agencies {California Department of Fish and Wildlife/United States Fish and Wildlife Service). 18. 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 over all onsite and offsite mitigation areas and the onsite open space lot for the conservation, protection, and management of fish, wildlife, native plants and the habitat with the City's adopted Habitat Management Plan. 19. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI- Shapefile format registered to NAO 83 California State Plane Coordinate System Zone 6 (FIPS 406), US Survey Feet. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 20. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the PC RESO NO. 7419 -10- approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 21. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 22. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application or any transfer in ownership of the site. Engineering: General 23. 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. 24. Developer shall prepare, submit and process for city engineer approval a final parcel map to subdivide this project. There shall be _one final parcel map recorded for the portion of this project within the City of Carlsbad. Parcel 3 and 4 shall be renumbered Parcel 1 and 2, respectively on the final parcel map. Developer shall pay the city standard map review plan check fees. 25. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements located within this City of Carlsbad subdivision {Parcel 3 and 4) and those City of Carlsbad access easements within City of Oceanside, including but not limited to private emergency and creek maintenance access road, private storm drain facilities including permanent storm water quality, retaining walls, fencing, and bridge abutments, and related all weather access road to said drainage facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The instrument shall include provisions for shared maintenance cost for private improvements in Ring Road such as sidewalk, curb and gutter, asphalt paving, and storm drain facilities. The instrument shall demonstrate that said mentioned facilities are included amongst the shared maintenance, repair, and replacement costs with the owners of Parcel 1 and 2 of the related adjacent subdivision map within the City of Oceanside. 26. The developer shall not obstruct the City of Carlsbad's creek maintenance access roads during the construction of the development. If a temporary obstruction is to occur to facilitate the construction of the development including construction of the access roads, the developer and/or contractor shall provide to Public Works Engineering Manager, a notice 14 days in advance of when the obstruction is to occur. 27. The Developer shall submit to the City of Carlsbad for review and approval of any grading and improvements on City-owned property within the City of Oceanside jurisdiction prior to approval of off-site grading by the property owner {City of Carlsbad). Fees/ Agreements PC RESO NO. 7419 -11- 28. 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. 29. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 30. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 31. Developer shall cause property owner to enter into Buena Vista Creek Maintenance Agreement to address any additional maintenance expenses caused by the development and ensure all creek maintenance access roads are maintained and unobstructed in perpetuity. Grading 32. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. The grading permit shall be issued concurrently with the City of Oceanside grading permit. 33. This project requires off site grading, including outside the City of Carlsbad jurisdiction. No grading for private or public improvements shall occur on said land(s) outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 34. Prior to the issuance of a grading permit, Developer shall obtain approval of a Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA) for any grading within the regulatory floodplain. Prior to completion of grading and final inspection approval, Developer shall obtain approval of a Letter of Map Revision (LOMR) from FEMA. Storm Water Quality 35. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 36. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established PC RESO NO. 7419 -12- by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SW PPP plan review and inspection fees per the city's latest fee schedule. 37. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 38. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedication/Improvements 39. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for sewer, creek maintenance access, and emergency access, purposes as shown on the tentative map. The offers shall be made by separate recorded documents with the exception of drainage easement "I" as shown on the vesting tentative parcel map which may be dedicated on the City of Carlsbad parcel map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 40. Developer shall cause owner to dedicate to Carlsbad Municipal Water District an easement for water purposes along Ring Road. The offers shall be made by a separate recorded document. Developer shall pay all fees associated with the processing of the easement dedication. 41. The Developer shall provide proof that the 25-foot restricted development easement dedication to the California Coastal Commission as shown under easement 'D' of the vesting tentative parcel map has been granted to the satisfaction of the California Coastal Commission. 42. The Developer shall provide proof that the sewer easement dedication granted to Vista Sanitation District and Encina Wastewater Authority as shown under easement 'C' of the vesting tentative parcel map has been granted to the satisfaction of Vista Sanitation District and Encina Wastewater Authority. 43. The Developer shall provide proof that the emergency access easement dedication granted to the City of Oceanside as shown under easement 'A' of the vesting tentative parcel map has been granted to the satisfaction of the City of Oceanside. 44. The Developer shall provide proof that the slope and drainage easement granted to the State of California per Instrument No. 37628 on March 1, 1971 has been vacated to the satisfaction of the State of California. 45. The Developer shall cause owner to quitclaim and/or vacate easements to the City of Carlsbad described under sewer pipeline easements 'A' and 'D', and creek maintenance access easement PC RESO NO. 7419 -13- 'I', 'J' and 'K' as shown on sheet C-2 of the vesting tentative tract map by separate instrument. Developer shall pay all fees associated with the processing the quitclaim and/or vacation of easements. 46. Developer shall also provide proof that the easement 'A' and 'D' dedications to the Vista Sanitation District have been vacated to the satisfaction of the District. 47. Developer shall design the private streets, as shown on the tentative map within the City of Carlsbad jurisdiction and easements to the satisfaction of the city engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. 48. Developer shall design the private drainage systems, as shown on the site plan within the City of Carlsbad jurisdiction and easements to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 49. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 50. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Curb and gutter b. Sidewalk c. Pedestrian ramps d. Retaining walls e. Asphalt concrete pavement and base f. Striping g. Curb median h. Potable and reclaimed water lines i. Emergency access and creek maintenance access j. Guard rail next to right turn lane on Jefferson Street, if applicable (include analysis with application). k. Public storm drain PC RESO NO. 7419 -14- I. Public sewer m. All improvements in Ring Road On the City of Carlsbad public improvement plans, include all public improvements on city owned land (Lot 27 of Tract 8956), within City of Carlsbad right-of-way and within existing and proposed City of Carlsbad and/or Carlsbad Municipal Water District easements located in both the City of Carlsbad and City of Oceanside. In addition, plot transitional public improvements to be constructed in the City of Oceanside by separate jurisdictional permit. Right-of-way permit for construction of said Carlsbad public improvements shall not be issued until proof of approval of construction plans for transitional improvements is granted by the City of Oceanside, subject to the satisfaction of the City of Carlsbad City Engineer. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 51. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles within the City of Carlsbad jurisdiction and easements with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 52. Developer shall provide all-weather maintenance access roads to Buena Vista Creek for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low-maintenance design features to the satisfaction of the city engineer. Non-Mapping Notes 53. Add the following notes to the final map as non-mapping data: a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i. Curb and gutter ii. Sidewalk iii. Pedestrian ramps iv. Retaining walls v. Asphalt concrete pavement and base vi. Striping vii. Curb median viii. Potable and reclaimed water lines ix. Emergency access and creek maintenance access x. Guard rail next to right turn lane on Jefferson Street, if applicable (include analysis with application). xi. Public storm.drain xii. Public sewer xiii. All improvements in Ring Road PC RESO NO. 7419 -15- Utilities b. Geotechnical Caution: i. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. 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 that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. c. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. 54. Developer shall cause the annexation of the property within the City of Oceanside to Carlsbad Municipal Water District for public water services. Developer shall submit, a complete application and obtain approval from the Local Agency Formation Commissions (LAFCO) to annex for public water services from the Carlsbad Municipal Water District in the City of Oceanside boundary. Developer shall pay all applicable fees for processing and annexation. 55. Developer shall cause the property owner to record a deed restriction, or other such document approved by the City placing owners and future owner's on notice that the property including the property located in the City of Oceanside is located adjacent to a wastewater pump station and some odors are expected. 56. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 57. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 58. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer prior to approval of the improvement plans. 59. The developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement PC RESO NO. 7419 -16- plans for the project and the study shall be prepared to the satisfaction of the district engineer prior to approval of the improvement plans. Code Reminders: 60. 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. 61. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 62 . Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. PC RESO NO. 7419 -17- 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 July 7, 2021, by the following vote, to wit: AYES: Commissioners Luna, Meenes, Merz, Sabellico, and Stine NOES: Commissioners Kamenjarin and Lafferty ABSENT: ABSTAIN : ROY MEENES, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7419 -18-