HomeMy WebLinkAbout2007-10-03; Planning Commission; Resolution 6343PLANNING COMMISSION RESOLUTION NO. 6343
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE
2 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT CT 04-26 TO
3 SUBDIVIDE 73.45 ACRES INTO 304 RESIDENTIAL LOTS, 5
RECREATION AREA LOTS, AND 22 HOA LOTS WITHIN
4 PLANNING AREA 16,17 AND 18 IN THE EAST VILLAGE OF
5 ROBERTSON RANCH ON PROPERTY GENERALLY
LOCATED NORTH OF CANNON ROAD, WEST OF COLLEGE
6 BOULEVARD AND EAST OF FUTURE WIND TRAIL WAY IN
LOCAL FACILITIES MANAGEMENT ZONE 14.
7 CASE NAME: ROBERTSON RANCH PAs 16, 17 & 18
CASE NO.: CT 04-26
8
9 WHEREAS, Calavera Hills II, LLC, "Owner/Developer," has filed a verified
10 application with the City of Carlsbad regarding property described as
11 Lot 5 of Carlsbad Tract No. 02-16, in the City of Carlsbad,
12 County of San Diego, State of California, according to Map
thereof No. 15608 filed in the Office of the County Recorder of
13 San Diego County, September 18,2007 as instrument No. 2007-
0612802 of Official Records.
14
("the Property"); and
16 WHEREAS, said verified application constitutes a request for a Tentative Tract
17 Map as shown on Exhibits "A" - "WW" dated October 3, 2007, on file in the Planning
18 Department ROBERTSON RANCH PAs 16, 17 & 18 - CT 04-26, as provided by Chapter
19 20.12 of the Carlsbad Municipal Code; and
20
WHEREAS, the Planning Commission did, on the 3rd day of October, 2007,
21
99 hold a duly noticed public hearing as prescribed by law to consider said request; and
23 WHEREAS, at said public hearing, upon hearing and considering all testimony
24 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
25 relating to the Tentative Tract Map.
26
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
27
Commission of the City of Carlsbad as follows:
28
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
2 RECOMMENDS APPROVAL of ROBERTSON RANCH PAs 16,17 & 18 -
CT 04-26, based on the following findings and subject to the following
3 conditions:
Findings:
1. The Planning Director has determined that:
6
a. the project is a(n) subsequent activity of the Robertson Ranch Master Plan
(MP 02-03) for which a program EIR was prepared, and a notice for the activity
„ has been given, which includes statements that this activity is within the scope of
the program approved earlier, and that the program EIR adequately describes the
9 activity for the purposes of CEQA); [15168(c)(2) and (e)]; and
10 b. this project is consistent with the Master Plan cited above; and
c. the Robertson Ranch Master Plan Program EIR 03-03 was certified by the
12 City Council on November 14,2006 in connection with the prior plan; and
13 d. the project has no new significant environmental effect not analyzed as significant
in the prior EIR; and14
, r e. none of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15162 or 15163 exist; and
16
f. all feasible mitigation measures or project alternatives identified in the Robertson
Ranch Master Plan Program EIR 03-03, which are appropriate to this
Subsequent Project, have been incorporated into this Subsequent Project.
lo
2. 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
20 applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
Subdivision Map Act, and will not cause serious public health problems, in that the lots
being created satisfy all minimum requirements of Title 20 and 21 governing lot
,._ sizes and configurations, and the lots have been designed to comply with all other
applicable regulations of the Robertson Ranch Master Plan.
23 3. That the proposed project is compatible with the surrounding future land uses since
24 surrounding properties are designated for Medium-High Density (RMH) and High
Density (RH) Residential development; Elementary School (E) and Open Space
(OS) on the General Plan, and that the project would be developed with Medium
~,- Density (RM) single-family residential development which results in a variety of
product types and densities in the East Village of the Robertson Ranch Master Plan.
27 4. That the site is physically suitable for the type and density of the development since the
28 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
PC RESO NO. 6343 -2-
the applicable zoning ordinances and Robertson Ranch Master Plan are
2 incorporated into the project without the need for variances from development
standards.
3
5. That the design of the subdivision or the type of improvements will not conflict with
4 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; and the project is required to dedicate public road and
public utility easements for all roads and other public easements as shown on the
Tentative Map.
6. That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act).
, ^ 7. 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
11 in an east-west alignment for southern exposure and to take advantage of prevailing
breezes.
12
8. That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources.
15 9. That the design of the subdivision and improvements are not likely to cause substantial
16 environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that sensitive plant and animal habitats present within the East Village of
Robertson Ranch are being preserved in accordance with the City of Carlsbad
Habitat Management Plan (HMP) and the project will implement the required
mitigation measures contained in the Robertson Ranch Program EIR 03-03
19 Mitigation Monitoring and Reporting Program to reduce edge effects from the
proposed development.
20
10. 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 Best Management Practices for water quality
protection in accordance with the City's sewer and drainage standards and the
23 project is conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) Requirements.
24
11. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan, and Robertson Ranch
Master Plan based on the facts set forth in the staff report dated October 3, 2007
including, but not limited to the following:
27
a. Land Use - The project is consistent with the City's General Plan since the
2° proposed densities of 4.4 to 5.2 du/ac, are within the density range of 4-8 du/ac
for the Residential Medium Density (RM) General Plan Land Use
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designation as indicated on the Land Use Element of the General Plan, and each
2 Planning Area provides the number of units permitted by the Robertson
Ranch Master Plan (PA 16: 85 units; PA 17: 109 units; and PA 18: 110
3 units).
b. Housing - The project is consistent with the Housing Element of the General
c Plan, the Inclusionary Housing Ordinance, and the Robertson Ranch Master
Plan as the developer is required to construct affordable housing units
6 consistent with the Affordable Housing Agreement for the East Village of
Robertson Ranch, dated February 26, 2007. The Glen Ridge affordable
7 housing apartment project has been approved with 78 affordable units, with
70 of those units required to satisfy the Inclusionary Housing requirements
for the East Village of the Robertson Ranch Master Plan.
9
c. Open Space and Conservation - The project will not impact designated open
10 space and will provide Master Plan trails and connections to the adjacent
neighborhoods as identified in the Master Plan. The project will conform to
all NPDES requirements and Utilize Best Management Practices for control
of storm water and to protect water quality.
13 d. Noise - The project is designed to comply with the 60 dBA CNEL exterior
noise standard and mitigation measures require that future residences will be
designed to comply with the 45 dBA CNEL interior noise standard.
e. Public Safety - The project includes fire suppression zones to reduce fire
16 hazards to an acceptable level.
17 f. Circulation - The circulation system is designed to provide adequate access to
the proposed residences and all necessary public street improvements will be
constructed with CT 04-26 and the previously approved Carlsbad Tract
19 CT 02-16.
20 12. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 14 and all City public facility policies and
21 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
23 facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
24 Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
27 b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, has
been satisfied by the dedication of parkland within PA 12 of the Robertson
28 Ranch Master Plan.
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c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
2 collected prior to the issuance of building permit.
3 13. The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
4 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.
14. This project has been conditioned to comply with any requirement approved as part of the
7 Local Facilities Management Plan for Zone 14.
8 15. That all necessary public facilities required by the Growth Management Ordinance will
be constructed or are guaranteed to be constructed concurrently with the need for them
" created by this project and in compliance with adopted City standards, in that
,~ improvements necessary to maintain compliance with the Growth Management
performance standards are contained in the Zone 14 LFMP and the project will
11 comply with the general and special conditions of the zone plan.
12 16. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B) and the Robertson Ranch
13 Master Plan.
14 17. The Planning Commission has reviewed each of the exactions imposed on the Developer
15 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
16 degree of the exaction is in rough proportionality to the impact caused by the project.
17 Conditions:
18 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to approval of a
19 final map or grading permit, whichever occurs first.
20 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
22 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
23 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
24 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.
26 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Tentative Tract Map documents, as necessary to make them
27 internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
PC RESO NO. 6343 -5-
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
2 regulations in effect at the time of building permit issuance.
3 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
r 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
6 all requirements of law.
7 5. Developer shall implement, or cause the implementation of, the Robertson Ranch
Master Plan Program EIR 03-03 Project Mitigation Monitoring and Reporting
Program.
9
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
10 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
12 or indirectly, from (a) City's approval and issuance of this Tentative Tract Map,
(b) City's approval or issuance of any permit or action, whether discretionary or
13 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
16 approval is not validated.
17 7. 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.18
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
20 format (including any applicable Coastal Commission approvals).
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
~~ Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
23
10. This project shall comply with all conditions and mitigation measures which are required
24 as part of the Zone 14 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
26 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
27 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.
PC RESO NO. 6343 -6-
1 12. This approval is granted subject to the approval of PUD 06-12, PUD 06-13, PUD 06-14,
2 and SDP 06-06, and is subject to all conditions contained in Planning Commission
Resolutions No. 6344, 6345, 6346 and 6347 for those other approvals incorporated
3 herein by reference.
13. Prior to recordation of the final map or prior to issuance of a grading permit, whichever
occurs first, the Developer shall take the following actions to the satisfaction of the
Planning Director in relation to the open space lot(s) which are being conserved for
6 natural habitat in conformance with the City's Habitat Management Plan:
' a. Record a Conservation Easement over the portions of HOA Open Space
Lot 310 located between the hardline and r.o.vv. which includes an
Irrevocable Offer to Dedicate fee title to the open space lot(s) in favor of
9 the City.
. ~ b. Provide evidence to the Planning Director that the additional open space
area will be managed and maintained by the Conservation Entity for the
East Village of Robertson Ranch.
14. Developer shall construct the required inclusionary units concurrent with the project's
market rate units, unless both the final decision-making authority of the City and the
13 Developer agree within an Affordable Housing Agreement to an alternate schedule for
development.
14
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
17 condition, free from weeds, trash, and debris. The Final Plans shall incorporate the
following items:
18
1 Q a. The slope area to the west of Wind Trail Way, across from Glen Avenue shall
be addressed with landscape plans prior to approval of landscape
20 construction drawings for PA 16,17 and 18.
b. Neighborhood entry monuments shall be shown and located on the plans in
locations approved by the Planning Department. Modifications to the
conceptual designs shown in the Master Plan shall require approval by the
23 Planning Director. Neighborhood entry signs shall require approval of a
sign permit.
24
c. Community theme walls shall be constructed with battered stone pilasters
per the Master Plan or as approved by the Planning Director. Community
theme walls shall be provided in areas shown on the conceptual fencing plan
(Master Plan Figure 111-61), along street side yards, and in all areas facing
27 open space recreation areas.
28
PC RESO NO. 6343 -7-
1 d. A Trail Fence with battered stone pilasters (Detail "H" on Exhibit "TT")
2 shall be provided on Street "C" adjacent to the open space. A Wire Trail
Fence may be used along the trail adjacent to Lots 173 to 179.
3
e. Tristania conferta shall not be used within turf areas or parkways.4
<- 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
6 project's building, improvement, and grading plans.
7 17. Developer shall establish a homeowner's association and corresponding covenants,
conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved
by the Planning Director prior to final map approval. Prior to issuance of a building
9 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
10 Planning Director. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the
12 obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
13
b. Notice and Amendment. A copy of any proposed amendment shall be provided to
14 the City in advance. If the proposed amendment affects the City, City shall have
the right to disapprove. A copy of the final approved amendment shall be
transmitted to City within 30 days for the official record.
16 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
17 Association's Easements" as provided in Article , Section
the City shall have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
i Q written notice to the Association, with a copy thereof to the Owners in the Project,
setting forth with particularity the maintenance which the City finds to be required
20 and requesting the same be carried out by the Association within a period of thirty
(30) days from the giving of such notice. In the event that the Association fails to
21 carry out such maintenance of the Common Area Lots and/or Association's
Easements within the period specified by the City's notice, the City shall be
entitled to cause such work to be completed and shall be entitled to
23 reimbursement with respect thereto from the Owners as provided herein.
24 d. Special Assessments Levied by the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's
Easements, the City shall submit a written invoice to the Association for all costs
26 incurred by the City to perform such maintenance of the Common Area Lots and
or Association's Easements. The City shall provide a copy of such invoice to
27 each Owner in the Project, together with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
28 against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
PC RESO NO. 6343 -8-
receipt by the Association. If the Association shall fail to pay such invoice in full
2 within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
3 the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available to
r the City, the City may levy a special assessment against the Owners of each Lot in
the Project for an equal pro rata share of the invoice, plus the late charge. Such
6 special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
7 the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
9 his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
10
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit
owner landscape maintenance responsibilities shall be as set forth in Exhibit
j2 "VV" - Overall Maintenance Concept Plan
13 18. If a grading permit is required, all grading activities are prohibited from (February 1st for
gnatcatcher or March 1 st for vireo) to (September 15th for gnatcatcher or October 1 st for
14 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
5 the City Engineer and the responsible wildlife agencies (California Department of Fish
i /- and Game/United States Fish and Wildlife Service).
17 19. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
18 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 14, pursuant to Chapter 21.90. All such
2Q 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.
21
20. Developer shall submit a street name list consistent with the City's street name policy
22 subject to the Planning Director's approval prior to final map approval.
23 21. Prior to occupancy of the first dwelling unit, the Developer shall provide all required
passive and active recreational areas per the approved plans, including landscaping and
recreational facilities.
25
22. Prior to the issuance of the grading permit or recordation of the final map, Developer
26 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 Planning Director, notifying all interested parties and successors in
2g interest that the City of Carlsbad has issued a Tentative Tract Map and Planned
Development Permits by Resolutions No. 6343, 6344, 6345 and 6346 on the property.
PC RESO NO. 6343 -9-
Said Notice of Restriction shall note the property description, location of the file
2 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
3 Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
23. If satisfaction of the school facility requirement involves a Mello-Roos Community
6 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,
7 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
existence of the tax or fee, and that the school district is the taxing agency responsible for
9 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
10 fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
, 2 24. 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
13 or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
14
25. 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
16 posted until ALL of the units are sold.
17 26. Prior to the recordation of the first final tract map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the proposed or existing Transportation Corridor, in
i Q a form meeting the approval of the Planning Director and the City Attorney (see Noise
Form #1 on file in the Planning Department).
20
27. Prior to the recordation of the first final tract map or the issuance of building permits,
21 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
23 (see Noise Form #2 on file in the Planning Department).
24 28. Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director (see Noise Form #3 on file in the Planning
25 Department).
27 29. Developer shall dedicate, on the final map, an open space easement for those portions of
lots 310, 311, 318 and 319 (which are in slopes, wetlands, coastal sage scrub, or other
28 constrained land plus all other lands set aside as part of the Citywide Open Space System)
to prohibit any encroachment or development, including but not limited to fences, walls,
PC RESO NO. 6343 -10-
decks, storage buildings, pools, spas, stairways, and landscaping, as shown on Exhibits
2""A" - "WW".
3 30. Removal of native vegetation and development of Open Space Lot(s) 310, 311, 318 and
319, 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, biological revegetation program, landscape plan, etc.) as shown on
Exhibits "A" -"WW", is specifically prohibited, except upon written order of the
6 Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, and 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
9 the request shall be prepared by a qualified biologist.
10 31. Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the Tentative
Map within Open Space Lot(s) 310 and 311. If the City of Carlsbad accepts dedication
12 of the trail easement, the trail shall be constructed by the applicant at its expense as a
public trail and will be maintained by of the City of Carlsbad. If the City of Carlsbad
13 does not accept dedication of the trail easement, the trail shall still be constructed by the
applicant but it shall be constructed as a private trail and shall be the maintenance
responsibility of the applicant or its successor in interest (i.e. Master Homeowners
, <- Association).
16 32. Prior to the approval of a final map the Developer shall pay to the City a Trail Plan
Check fee and inspection fee in accordance with the current city fee schedule.
17
33. Prior to issuance of the first building permit, except for models, an RV storage area
shall be approved, according to the requirements of the Robertson Ranch Master Plan, to
serve the East Village of Robertson Ranch.
20 Engineering;
21 General
34. Prior to hauling dirt or construction materials to or from any proposed construction site
23 within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
24
35. Developer shall provide to the City Engineer, an acceptable means, CC&Rs and/or other
25 recorded document, for maintaining the private improvements within the subdivision (e.g.
street trees, curb inlet filters, sewer laterals, enhanced paving, mid-block median
hardscape/Iandscaping/irrigation, enhanced landscape zones, parkway landscaping/
27 irrigation, etc.) located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within the subdivision.
28
36. There shall be one Final Map recorded for this project.
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37. Developer shall install sight distance corridors at all street intersections and driveways in
2 accordance with City Standards.
3 Fees/Agreements
38. Developer shall cause property owner to execute and submit to the City Engineer for
c recordation, the City's standard form Geologic Failure Hold Harmless Agreement.
6 39. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City's standard form Drainage Hold Harmless Agreement regarding
7 drainage across the adjacent property.
8 40. Developer shall cause property owner to apply for and obtain reapportionment of the
9 assessments imposed on the subject project in accordance with law governing the
associated College Boulevard and Cannon Road-East Assessment District (AD 2003-
10 01), or the assessments must be paid in full. Developer shall pay all associated costs of
said reapportionment. The application shall be submitted to the City Engineer with the
application for the final map.
12 41. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping
13 District No. 2 (SL&LD #2). Prior to approval of any grading, building permits or final
map for this project, Developer shall cause Owner to execute an Agreement to annex the
14 subject property into City of SL&LD #2. The Agreement shall be in a form approved by
the Assistant City Finance Director. Developer shall pay all fees necessary to annex the
property into SL&LD #2.
16
42. Developer shall cause property owner to execute and submit to the City Engineer a
17 Street Tree Maintenance Agreement addressing private (HOA) maintenance of the
street trees located within the parkways of this development. The form and content
of this agreement shall be to the satisfaction of the City Attorney and the City
Engineer.
20 Grading
43. Based upon a review of the proposed grading and the grading quantities shown on the
Tentative Map, a grading permit for this project is required. Developer shall apply for and
obtain a grading permit from the City Engineer prior to issuance of a building permit.
23
44. Developer shall apply for separate grading permits for the precise grading associated with
24 the single family lot development, all to the satisfaction of the City Engineer.
75 45. Prior to the issuance of a grading permit, Developer shall submit to the City Engineer
2/r receipt of a Notice of Intention from the State Water Resources Control Board.
27 46. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit and the City's Standard Urban Storm Water
28 Mitigation Plan (SUSMP). Developer shall provide improvements constructed pursuant to
best management practices as referenced in the "California Storm Water Best
PC PvESO NO. 6343 -12-
Management Practices Handbook" to reduce surface pollutants to an acceptable level
2 prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
3 limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
t- established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
6
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
7 antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
9 herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
10 containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
, 2 when planning any changes to the landscaping and surface improvements.
13 47. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Pollution Prevention Plan
14 (SWPPP)." The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board and City of Carlsbad Requirements. The SWPPP shall address measures to reduce
to the maximum extent practicable storm water pollutant runoff during construction of
the project.
17
48. Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan (SWMP)."
, n 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
20 Region of the California Regional Water Quality Control Board and City of Carlsbad
Municipal Code. The SWMP shall address measures to avoid contact or filter said
21 pollutants from storm water, to the maximum extent practicable, for the post-construction
stage of the project. At a minimum, the SWMP shall:
23 a. Identify existing and post-development on-site pollutants-of-concern.
b. Identify the hydrologic unit this project contributes to and impaired water bodies that
24 could be impacted by this project.
c. Recommend source controls and treatment controls that will be implemented with this
project to avoid contact or filter said pollutants from storm water to the maximum
extent practicable before discharging offsite;
d. Establish specific procedures for handling spills and routine cleanup. Special
27 considerations and effort shall be applied to resident education on the proper
procedures for handling cleanup and disposal of pollutants.
28 e. Ensure long-term maintenance of all post-construction BMPs in perpetuity.
PC RESO NO. 6343 -13-
f. Identify how post-construction runoff rates and velocities from the site will not
2 exceed the pre-construction runoff rates and velocities to the maximum extent
practicable.
3
49. Developer shall cause property owner to process, execute and submit an executed copy to
the City Engineer for recordation a City standard Permanent Stormwater Quality Best
- Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
6 Best Management Practices prior to the issuance of a grading permit or building permit,
or the recordation of a (FINAL/PARCEL) map, whichever occurs first for this Project.
7
Dedications/Improvements8
9 50. Developer agrees that prior to building permit issuance, the Master Tentative Map
road and utility improvements that serve this property as described in Planning
10 Commission Resolution No. 6110 (College Blvd, Cannon Road, Wind Trail Way,
Hilltop Street, Glen Avenue, potable water, sanitary sewer, recycled water, etc.) as
shown on drawing 433-6 shall be constructed or substantially completed to the
, ~ satisfaction of the City Engineer.
13 51. Developer shall cause Owner to dedicate to the City the public road and public utility
easements for Glen Avenue, Wind Trail Way, Street C, Street D, Street E, Street F,
14 Street G, Street H, Street I, Street J, Street K, Street L, shown on the Tentative Map. The
offer shall be 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 not required to be rededicated. Developer shall, on the final map, dedicate
all other public easements as shown on the Tentative Map.
17
52. Additional drainage easements may be required. Developer shall dedicate and provide or
* ° install drainage structures, as may be required by the City Engineer, prior to or concurrent
i n with any grading or building permit.
20 53. Developer shall execute a City standard Subdivision Improvement Agreement to install
and secure with appropriate security as provided by law, public improvements shown on
21 the Tentative Map. These improvements include, but are not limited to paving, base,
signing & striping, sidewalks, curbs and gutters, medians, grading, clearing and grubbing,
undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights,
23 pedestrian ramps, drainage structures, best management practices for stormwater
treatment, retaining walls and reclaimed water. Said improvements shall be installed to
24 City Standards to the satisfaction of the City Engineer. More specifically, these
improvements include:
a) Public Road and utility improvements to Glen Avenue, Wind Trail Way, Street
C, Street D, Street E, Street F, Street G, Street H, Street I, Street J, Street K,
27 Street L all as shown on the Tentative Map,
28 b) Off-street public water line extensions near the westerly terminus of Street K
and near the easterly terminus of Glen Avenue.
PC RESO NO. 6343 -14-
c) Off-street public sewer and storm drain extension over portion of lot 290 as
2 shown on the Tentative Map.
3 d) Trail improvements along Street C and off-street trail linkage connections per
the Robertson Ranch Master Plan and as shown on the Tentative Map.
4
e) Secondary storm drain overflows as shown on the Tentative Map.
5 (A list of the above shall be placed on an additional map sheet on the Final Map per
the provisions of Sections 66434.2 of the Subdivision Map Act). Improvements
7 listed above shall be constructed within 18 months of approval of the subdivision
improvement agreement or such other time as provided in said agreement.
8
Final Map Notes
10 Add the following notes to the final map as non-mapping data.
11 54. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
13 55. 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
14 Carlsbad Engineering Standards.
, 56. 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
17 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.
20 Utilities
21 57. Prior to approval of improvement plans or final map, Developer shall meet with the Fire
Marshal to determine if fire protection measures (fire flows, fire hydrant locations,
building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be
considered public improvements and shall be served by public water mains to the
satisfaction of the District Engineer.
24
58. The Developer shall design and construct public facilities within public right-of-way or
25 within minimum 20-foot wide easements granted to the District or the City of Carlsbad.
At the discretion of the District Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
27
59. Prior to issuance of building permits, Developer shall pay all fees, deposits, and charges
28 for connection to public facilities.
PC RESO NO. 6343 -15-
60. The Developer shall design landscape and irrigation plans utilizing recycled water as a
2 source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the District Engineer.
3
61. The Developer shall provide separate potable water meters for each lot. The Developer
4 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.
6
62. The Developer shall install sewer laterals and clean-outs at locations approved by the
7 District Engineer. The locations of sewer laterals shall be reflected on public
improvement plans.8
9 63. The Developer shall design and construct public water, sewer, and recycled water
facilities substantially as shown on the Tentative Map to the satisfaction of the District
10 Engineer.
I* Code Reminders
12 The project is subject to all applicable provisions of local ordinances, including but not limited to
13 the following:
14 64. The tentative map shall expire two years from the date on which the City Council voted
and approved this application.
i /- 65. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on
the Tentative Map are for planning purposes only. Developer shall pay traffic impact and
17 sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad
Municipal Code, respectively.
18
66. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
20
67. Approval of this request shall not excuse compliance with all applicable sections of the
21 Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
23 68. The project shall comply with the latest nonresidential disabled access requirements
pursuant to Title 24 of the State Building Code.
24
69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
25 Code Section 18.04.320.
^)f\70. Any signs proposed for this development shall at a minimum be designed in conformance
27 with the City's Sign Ordinance and Robertson Ranch Master Plan and shall require
review and approval of the Planning Director prior to installation of such signs.
28
PC RESO NO. 6343 -16-
1 NOTICE
2
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."
5 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
6 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
o annul their imposition.
9 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,
10 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
19 expired.
13
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14
Commission of the City of Carlsbad, California, held on the 3rd day of October, 2007, by the
•> s following vote, to wit:
17 AYES: Chairperson Baker, Commissioners Boddy, Cardosa, Dominguez,
Douglas, Montgomery, and Whitton
18 NOES:
ABSENT:
20
ABSTAIN:
21 "
Ou.22
23
JULIE B^KER>Chairperson
24 I CARLSBACTPLANNING COMMISSION
25
26 ATTEST:
27
28 DON NEU
Planning Director
PC RESO NO. 6343 -17-